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218 Essay about Court Examples & Topics

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In your court system essay, you might want to focus on American judicial system. Another idea is to discuss the theory and functions of criminal courts. One more option is to find some interesting legal issues and discuss them. Whether you’re planning to write an argumentative or analysis essay, this article will be helpful. It contains interesting court system essay examples, judicial essay topics, and ideas for your court essay.

• The Criminal Trial: Court Observation Report In this case, the accused was found guilty of the crime and the outcome of the judgment was that he would serve a minimum of ten years in prison.
• People vs. O’Neil Supreme Court Desicion In addition to the murder and involuntary manslaughter charges, the jury also charged the individual and corporate defendants with reckless conduct. Secondly, the defendants argued that the murder charges were inconsistent with the involuntary manslaughter […]
• Court Hearing Visit Report Despite the need to uphold the principle of the open justice, some courts are held in camera, that is, they are not open to the public.
• “Supreme Revenge: Battle for the Court”: Documentary Analysis The content of the documentary is proof that the Judiciary is a political playfield for the Democratic and the Republican parties as they struggle for control.
• Joseph Haydn’s Contract With the Esterhazy Court Joseph Haydn’s contract for work at the Esterhazy Court is a distinctive document that needs to be preserved because it explains the authorities’ attitudes to the music and composers in the eighteenth century.
• Greenman vs. Yuba Supreme Court Case As the result of the trial before the jury, the court acquitted the third party of this conflict the retailer where Mr.
• “The Supreme Court: Home to America’s Highest Court” Documentary In this documentary, Chief Justice John Roberts discusses the principal goal of the Supreme Court and the West Plaza, the site of several public protests.
• Harris vs. Forklift Systems Supreme Court Case The inference from this view is that Charles Hardy did not deprive Teresa Harris of equal rights for employment and was a person who was taught to disrespect women.
• 2017 ICC Moot Court Case Prosecution Argument In the court case, the Counsel for the Government of Yunkel has requested that Judge Rosemelle Hasty, one of the three Pre-Trial Chamber members assigned to the matter, be disqualified.
• The R v Gordon Wood Case and Court Decision It was brought to the attention of the judge that a week before Caroline was found dead, she had been seen in the company of the accused at a city fitness centre.
• The Structure of the US Court System and Determination of Truth There have been suggestions to study the inquisitorial system and adopt some of its features that could help to improve the determination of truth under the US adversarial system. It is thus advisable to redesign […]
• Accountability of Court Officials Therefore, just like the politicians and the government which is accountable to the citizens of the country, the judicial system is accountable to the citizens.
• Court Watch Expectation: Personal Experience Apart from the court staff, I expect to learn about the sections of the courtroom and the function of each. I am hoping to observe how, in the initial court proceedings, the charges are filed […]
• Dow Jones & Company Inc. vs. Gutnick: The Australian Court’s Conclusion The paper starts with the details of the case, including the factual and procedural background thereof, proceeds to the judgment summary of the case and the analysis of the questions that the court ruling have […]
• Hearsay Evidence and Witness Testimony in Court A statement is only considered as hearsay if the objective of the testimony being presented is to prove the truth of its contents.
• Nurses in the Court, Licensure, and Regulation Nursing licensure refers to the process in various regulatory bodies, such as the Board of Nursing, to ensure that the nursing practices are within its jurisdiction.
• European Court of Justice Case Analysis Therefore, the company’s vehicles that featured the defeat device in the engine were prohibited per Article 5 of Regulation No 715/2007.
• Using Victim Impact Statements and Defendant’s Sentencing Memorandums in Court Thus, I consider these documents to be of high importance, and the jurisdiction should give it more attention the punishments will only become more realistic.
• The World Court or International Court of Justice All of the cases of the Court are submitted to the Registrar and when the Registrar receives the case, it is dated based on the date of receipt by the Registrar.
• Court Structure in England and Wales The article below illustrates the hierarchical arrangement of the court structure in England and Wales. In England and Wales, the Supreme Court is the utmost court of petition.
• Case Brief on Reynolds vs. Sims The inadequate apportionment presented in the Alabama legislature deprived voters of rights stipulated in the Fourteenth Amendment and in the Alabama Constitution.
• Vehicle Searches: The Carroll vs. US Court Case However, the court upheld that in line with the Fourth Amendment of the constitution, the security agents had to prove that they had a legitimate lead making them believe that the particular vehicle had contraband […]
• Court Observation in Courts of Sydney Once inside the courtroom, he sits at the bench facing the rest of the court.the defense lawyers sit in the left side of the court, close to the dock, while the prosecution sits on the […]
• International Court of Justice: Definition, History and Importance The purpose of the court is to serve as the organ of judicial arbitration between countries that are members of the United Nations; it is also the organ that gives legal advice to the UN […]
• The International Criminal Court Thus, it is essential to formulate the strengths and weaknesses of the ICC and Victor’s justice and to describe the relationship with the U.S.
• United States Supreme Court Justices It should be noted that the role of judges is to guarantee fair decisions to the parties to the process. Accordingly, in an adversarial process, the role of the judge is to control the process […]
• Supreme Court’s Decision in McGirt v. Oklahoma In my view, the ruling revealed the fact that Oklahoma has, for a long time, ignored the requirement that Congress is the sole entity with the power to establish the boundaries of a tribal reservation.
• The American Government and Supreme Court Composition If the current Supreme Court judges were to hear the case, they still would uphold the ruling because it reflects their beliefs of defining the US as a haven dedicated to respecting human rights and […]
• Court Cases Concerning Nursing Education In the process, the question is whether the court’s ruling in favor of the nurse and against the doctor can be justified by a sufficient purpose.
• Enea vs. Superior Court of Monterey County: Case Analysis The issue for determination is if actions that have a negative impact on the profits of the business constitute a breach of fiduciary duty, even though the partnership agreement does not specifically ban such behavior.
• The Griffin vs. California Supreme Court Case In the court, Griffin refused to testify, and according to a prosecutor, the defendant’s choice was evidence of guilt. In turn, it is the responsibility of the prosecution to prove the defendant’s guilt based on […]
• Discussion Thread: International Court As well known, in the aftermath of World War II, the Allies proposed the creation of an international court for the persecution of war criminals, which became known as the International Court of Justice, later […]
• State vs. Anderson: Supreme Court Summary With its main purposes to obtain, store, and review information received from fingerprints, the AFIS system is fundamental in the investigation of criminal cases.
• Being Outside International Criminal Court Jurisdiction The regime gives the ICC power to assert its jurisdiction in that particular nation as long it is a member nation of the court.
• Employee Benefits Program for Supreme Court Justice They are also a guarantee of the independence of the Supreme Court Justice representative in the performance of his duties. In case of the death of a representative of the Supreme Court Justice related to […]
• United States vs. Nixon Landmark Supreme Court Decision Nixon case happened in 1974 is one of the most critical decisions of the Supreme Court of the United States because it rejected the privileges that the head of the state supposedly had.
• The Supreme Court Chief Justice Position: Recruitment Plan Afterward, the Chief Justice of the Supreme Court must be appointed by the President, with the following approval by the Senate. As a result, fairness and the absence of bias in court judgment will be […]
• Transferring a Defendant to an Adult Court In the given case, it seems pretty challenging to transfer the defendant to the adult court due to the number of mental challenges.
• Benefits of Three-Tier Court System In the three-tier court system, there are the trial courts, the first appellate courts, and the U.S. Thus, the three-tier court system consists of a regional court, an appellate court, and a supreme court.
• Legal Trends of In-Court Accommodations This study by Celik owes that disclosure of cases of child sexual abuse is directly related to the individual and environmental factors in different age groups.
• Section 2339B of the US Code in Court Case To begin, the court concluded that the legislation was clear since the sections of the Act that pertained to the plaintiffs’ anticipated behavior were specified explicitly.
• The Sanowicz vs. Bacal Court Appeal Case I would like to appeal to the decision made by the Court that has concluded that a referral fee must be paid despite the lack of the necessary agreement.
• Addressing and Respecting Citizens’ Rights in Supreme Court Facts of The Case: Harriet Louise Adderley is the representative of the group of protesting students. The primary aim of the students was to protest for the releasing their black friends from the non-public prison.
• The Supreme Court’s Cancellation of Vaccines One of the points of view is that the COVID situation is getting worse, and the mandate was a logical continuation of Biden’s policy to combat coronavirus.
• The Brewer vs. Williams Supreme Court Case Williams became the main suspect of the young girls’ abduction after a young boy confessed to have seen him at the YMCA packing his car a large bundle of clothes with “skinny and white legs” […]
• McKinney vs. Arizona Case and Court Decision The Arizona Supreme Court upheld the state appellate jury’s ruling, holding that a court may perform a re-evaluation of the contributing instead of a jury in cases involving the death sentence.
• The Supreme Court Decision on the Right to Same-Sex Marriage The decision of the Supreme Court on the constitutional right of citizens to same-sex marriage is a significant event in the history of the development of modern democratic society.
• Diana Levine vs. Wyeth at the Supreme Court Diana Levine sued Wyeth at the Vermont Supreme Court, seeking compensation from the defendant for improperly written instructions to Phenergan that resulted in the amputation of one of the plaintiff’s limbs; litigation continued in the […]
• Washington vs. Texas Court Case No. 649: Issue, Facts, and Summary Still, the court authorities denied him a request to listen and consider the testimony of a witness or an accomplice, because of which the court’s verdict turned in the opposite direction.
• Marbury vs. Madison: A Landmark Supreme Court Case However, one of these judges, William Marbury, wanted to ask the Supreme Court to issue a writ of mandamus, a mandate, meaning that something that happened in case of his appointment would not be delivered […]
• Supreme Court’s Decision in Tinker vs. Des Moines Nevertheless, the court protected the school and claimed the reasonability and fairness of its actions regarding the suspension of the students.
• Criminal Court System in U.S. As a result, one gains an in-depth insight into the subject matter and becomes capable of improving it to reduce the threat of a mistrial, The stages of a court process may vary depending on […]
• Louisiana District Court: Role, Structure, and Jurisdiction Criminal District Court in Orleans Parish has supervisory jurisdiction over the municipal and traffic courts. There is a total of 42 district courts in the state, executing jurisdiction of criminal and property-related cases.
• Court Proceedings Experiential Report The practical experiences of the proceedings both confirmed and challenged some of the information that I have learned about the structure of a trial.
• Intellectual Property: The Supreme Court’s Ruling in Eldred vs. Ashcroft The other relevant information to be shared on the basis of this case encompasses the copyright and patent clause that accords the Congress with the power to provide authors the authority of controlling the use […]
• The Institution of the US Supreme Court The institution was designed as a check on the power of the legislative and the executive branches of the federal government.
• The Supreme Court’s Internet Sales Tax Decision The added input leads to an increase in products’ prices, making it hard for e-commerce startups to compete with other large-scale retailers and wholesalers.
• A Comparison and Contrast of Two Court Rulings Furthermore, he or she has a duty to act in the protection of others should a patient present a threat. In a situation closer to that in Estates of Morgan v.
• Alternative to Incarceration (ATI), Treatment Court The Los Angeles County Department of Mental Health later developed a forensic mental health court diversion program that offered consultation services to courts on the management of criminals with psychiatric illnesses.
• Court Observation: Ausar Walcott’s Trial Some of the information to be presented includes the names of the parties in the suit, a summary of key facts, the jury’s verdict, and the relevant legal issues.
• How Canada’s Supreme Court Affected Administrative Law Principles The protection of the rights of a claimant should respond to the statutory scheme in an administrative decision and expectations of procedural protection.
• Conflicting Cases and the Contemporary Court Systems This paper will compare the constitutional framework of the U.S.and the UK, The cases in which the existing regulations collide with the essential Constitutional premises are quite few, yet they set the prime example of […]
• Court Rulings on Confidentiality in Healthcare In both Tarasoff and Morgan, the therapists contacted the relevant authorities in favor of the victim’s safety. The cases showed that individuals have a moral obligation to make decisions that infringe private information in favor […]
• Current Issues of Supreme Court Confirmation Process This fact ensures that the confirmation process is impartial, which contributes to the effectiveness of the Supreme Court by endorsing the candidates who have the most suitable skills and knowledge to occupy this position.
• Bordenkircher vs. Hayes, the United States Supreme Court, 1978 Is the Due Process Clause of the Fourteenth Amendment violated if, in the course of plea bargaining, a state prosecutor threatens the accused to be indicted on more severe charges if the respondent does not […]
• Court Cases Showing Various Law Arguments After further inquisitives, the Supreme Court realized that the need for the second appeal by the plaintiff was of no need.
• Current and Future Issues Facing Courts and Court Administrators The system of courts is structured in a way that both the innocent and the guilty have a chance to be heard.
• Court of Justice of the European Union (CJEU) and Consumer Contracts According to the European Commission, the solutions to such complex systems are in the freedom of contract. Rules may limit freedom of contract in some member states of the EU.
• The Practice of Sealing Juvenile Court Records The practice of sealing juvenile’s court records is indeed acceptable practice to some extent in most countries in the world. Recent surveys as analyzed in the article indicate that the locations where juvenile records are […]
• The Role of Expert Witness in Court Some court cases may require the services of an expert to enable the jurors and judges to have a better understanding of the underlying principles of the case in question.
• Design of a Drug Court System Offenders have a strong incentive in being members of the Drug Court in that they have the prospect of avoiding being in jail for as long as they abide by the rules and cooperate in […]
• Trial Court Functions, the Concepts of Schlichmann The term preponderance of the evidence means that the side that would provide greater evidence concerning the case would lead either the judge or the jury to take one side as opposed to the other.
• Juvenile Court System: 15-Year-Old Larceny Offender The facts of the case show that the juvenile is a first offender and is yet to attain the minimum age for criminal prosecution according to the state’s juvenile justice system.
• The United States State and Federal Court Systems For example, if a person has a bank account in a particular state, then he or she is under the jurisdiction of this state’s court.
• Supreme Court Eras. Brown vs. Board of Education The primary purpose of the paper is to provide the in-depth analysis regarding a possible decision made by the Supreme Court of the United States regarding the case Brown v.
• Intake Officers in Juvenile Court System The final duty of the Intake officer is to determine whether it would be safe to release the juvenile or not.
• Court Unification and Juvenile Delinquency Speaking about the given issue, it is important to give the clear definition of this category and determine who could be judged by the juvenile court.
• The Warren Court’s Rulings and Criminal Procedure Police also inform the suspects that they have the right to an attorney that will be provided to them by the state if they cannot afford one.
• Court Requirements in Aguilar and Gates Cases However, the Supreme Court’s requirements for testing the validity of the evidence were not congruent: the major diversion point was the reliability of the source of information used in the process of the investigation.
• Policing and the Bill of Rights: Supreme Court Cases Jones case, the placement of a GPS device under a suspect’s car was interpreted as a violation of the Fourth amendment by the Supreme Court. In the United States v.
• Lechmere vs. National Labor Relations Board: Supreme Court’s Decision Lechmere Inc did not allow the organizers to use the lot, and they opted to use the public strip of land to distribute the handbills to employees entering in the morning and leaving in the […]
• Complex Foundations: Nottingham Magistrate Court The glass material used to form the walls of the court requires a strong support, hence the choice of the piling method.
• FCT V Stone : Court Case Analysis In particular, the court had to decide if the athletic activities of this person could be regarded as a form of business.
• Bail and Pre-Trial Release Conditions Impact on Court Systems In this journal, Clark informs the world how the state of pre-trial release in tribal jurisdiction operates in the United States.
• Systematic Review of Drug Court Effects on Recidivism Although the article does not state the specific research question or hypothesis for the study, it is clear that the study wanted to address the question “what is the impact of drug courts on recidivism […]
• Effectiveness of the DUI Court In the last one decade, the relative success of drug courts has led to the establishment of a growing number of driving while impaired or driving under the influence courts across the U.S.
• Jury Selection in Court First of all, some attorneys will hire psychologists to analyze the prospective jury pool and help pick out which jurors would be the most effective for the case at hand.
• In re Yamashita Case and Supreme Court’s Decision As a result, General Yamashita was the commander of all Japanese forces that were operating in Philippine, so he was responsible for their actions.
• Analysis of a Specific Supreme Court Decision The issue of fetal protection and the safety of pregnant mothers as provided in the Johnsons’ Control fetal policy is one that, not only draws particular attention to the parties that it seeks to address, […]
• Court Decisions that Influence Juvenile Justice System Supreme Court that postulated that an underage person is eligible to the rights of due process, namely the right to obtain counsel, the right to be notified about the charges, and the right to encounter […]
• Is There a Gender Bias in the USA Court System? The truth of the matter is there is gender bias in the United States court system. Another factor that underlines gender bias in United States courtroom is the number of female lawyers as compared to […]
• State Court Statistics Project Statistics show that the state of California has one of the highest court case filings, there are three different courts in California; these courts are spread around the 58 counties of California. Except for California, […]
• Juvenile Court Philosophy This philosophy states that a rehabilitation program can prevent the children from committing crimes since it attempts to transform cognitively the distorted cognitive behavior of the child involved in criminal acts.
• Gender Bias in Family Court This research study wishes to consider the current scope and resultant impacts of gender bias in the context of family courts in the United States of America.
• Business and Corporate Law: Federal Court of Australia ASIC was provided with the notice of the application and it advised the Federal Court of Australia that it did not oppose the application; neither did it propose to attend the hearing of the application.
• Court Proceedings: Pretrial Motion and Its Aspects Any request, defense or objections which are competent of resolution devoid of any court proceedings of the common matter may be pleaded at any time before trial by motions. At the discretion of the judge […]
• Mr. Charles Dempsey Court Case: Cause and Consequences of the Crime The case had gone through the plea hearing, the preliminary hearing the trial hearing and was to be decided on this day during the sentencing hearing where the judge was supposed to deliver the Judgment.
• Court Sentencing: Juvenile Status and Unemployment These provisions allowed that based on prior criminal history and in consideration of the current offense, they could be transferred for trial in adults courts.
• Cyber Crimes: Court – United States vs. Ancheta Reasoning: The jury argued that the defendant conspired to violate the Computer Fraud Abuse Act as well as the CAN-SPAM Act, caused havoc to computer networks of the national defense department of the federal government, […]
• Casebrief, Based on the Supreme Court: State V Hoying W L Hoying fully acknowledging the violation of writing to the victim, which is in violation of the civil protection order asked Ms.
• The Introduction of the New British Supreme Court The introduction of the new British Supreme Court has involved different constitutional implications, such as changing the role of the Lord Chancellor and creating a position of President of the Court of England and Wales; […]
• Apprendi vs. New Jersey: Decision Made by the Highest Court of the United States On the other hand, Apprendi had the right to challenge the alteration of the sentence claiming that it was against the constitution.
• Supreme Court Decision in the US vs. Bass Case of 2001 In the case of the defendant, race should not be a contributory factor and if this is so, then it can be concluded that the ruling was unfair.
• Examples of Court Cases Involving Alcohol On the day the deed was executed, the plaintiff was driven in an automobile from his farm to Reno, Nevada for the purpose of the plaintiff and defendant being married in said city.
• US Constitutional Law & Supreme Court’s Decisions It is not only necessary to have the necessary knowledge about principles and judgments of Constitutional Law by the Supreme Court, but it is also important to know how the Court has arrived at such […]
• Court System and Prosecutors Office The state of New Jersey is not an exception to this rule, and the relation of the Morris County Prosecutors Office in Morristown, NJ to the current US court system is the relation of a […]
• Rights and Freedoms: The Court Case Terry vs. Ohio All these rights are noted in the constitutions of the countries along with the obligations of the citizens.”The Bill of Rights” is a very important document in the life of Americans, as this Bill guarantees […]
• Ruth Bader Ginsburg Documentary of Supreme Court Justice Ginsburg, who became the 107th judge of the Supreme Court and the second woman on the bench, was a sensation with the younger generations.
• Drug Courts and Detoxification: Approach to Drug Abuse Treatment However, since 1989, the US federal system has been providing the majority of drug abusers with proper treatment or education with the help of a drug court option.
• Portrait of Kangxi Emperor in Court Dress Review The painting belongs to the Late Kangxi period.”Portrait of Kangxi Emperor in Court Dress” is depicted with the help of color on silk on a hanging scroll.
• Thurgood Marshall: Supreme Court of the United States Thurgood Marshall, serving on the Supreme Court of the United States, was one of the prominent American jurists who played a pivotal role in shaping the history of civil rights in America.
• Court Case of Swain vs. Geoffrey Osborne Limited The court was to resolve whether the defendant and the second defendant were liable for personal injuries sustained by the lorry driver in the accident. On the day of the accident, the driver had driven […]
• Does Understanding Body Language in Court Hearing Influence Interpreting Process When the other parties receive the coded message, they go through the process of decoding or interpreting it to understand and meaning”.”Effective ways of communicating exists between the sender of the information and the receiver […]
• Witnesses’ Role in the Court Trial In conclusion, eyewitnesses’ evidences are very important during the court procedure, but judges should be very careful with these evidences and to check them carefully.
• Public Interest Immunity in Court Process Before attempt to evaluate the current operation of the law of public interest immunity in civil trials it is necessary to discuss the definition of public interest immunity, current situation and the judgement of few […]
• Morse vs. Frederick: Decisions of the United States Supreme Court This court is independent; this gives it the mandate to check the other two arms of the government that is the Legislature and the Executive.
• Three-Tiered Court Structure in the United States S is a three tiered judicial system divided into the Supreme Court, The Courts of appeal and the Federal District Courts.
• Washington County Court Services The former held notion about unaccepted restorative justice and the victim offender mediation has been reviewed and now the aim of this Court is to restore the relationship between the offenders and the victims and […]
• Top Court Rules Against Police in Search Case In the case in point, there are several issues which must be considered: in cases of domestic disturbance, who has the right to grant entrance to police; if police enter to protect one occupant, can […]
• European Union & Court of Justice The sixth most important developmental trend in the history of Europe has been visualized by Europeanization since the 16th century in a broad historical sense.”The primary and overarching objective of EU development cooperation is the […]
• Juvenile Delinquents in Adult Court We are all aware of the existence of social standards concerning the status of children and adolescents, as well as the nature of punishment and justice.
• Supreme Court and Local Governments Unfortunately, the ruling on the property by the Supreme Court is characteristic of a regulated market. To preserve a free market and the right of property ownership, the ruling should be reviewed.
• Forensic Experts in Court: Pros and Cons The forensic psychologist, in this case, does not employ the notion of empathizing any action in the defendant’s favor but being closer to the gathered evidence from the particular defendant’s reasons and provide the sources […]
• Business Law & Court System in Virginia The General District Courts and J&DR Courts are parts of District courts and they are courts of limited jurisdiction. Only the Chief Judges can appoint clerks of J & DR and General District Courts.
• Necessity of a New International Environmental Court For example, the international court of justice which is the Judicial Wing of the United Nation is in a position to hear environmental cases and fully attend to them.
• Lomanno: Tax Law and Court Rulings Report The second fact is that the husband of a petitioner did not have the permission to sign her name to income tax in the years that are discussed and there was also no approval to […]
• Arizona Court System to Sue Uber Technologies Inc. The use of automated cars by Uber led to several accidents that resulted in the death of one of the pedestrians in Arizona.
• Relationship Between the Supreme Court and the High Court Justice The given article utilizes the empirical and quantitative methods of studying the relationship between the Supreme Court and the High Court Justice.
• People vs. Goetz: Court Decision and Implications The court case of the appellant in the face of the People of the State of New York and the respondent in the face of Bernhard Goetz was argued and decided in the year 1986.
• Court for Mentally Ill: Commonwealth vs. Bobbitt Apparently, the actions and circumstances which took place prior to Lorena’s act of severing her husband’s penis, namely, the rape of Lorena Bobbitt by her husband, as well as the constant domestic violence of John […]
• The Supreme Court Saves Cell Phone Privacy From the article, it is clear that the government advanced an argument that police officers need to be given the power to search cellphones because of the long-established exception to the Fourth Amendment, which makes […]
• State Court Organization and Structure The advantages of the unified model are in the fact that they are operationally efficient because of the centralized regulation, effective use of resources, and the efficient approach to organizing the court operations.
• Felony Court System Administration Whenever, the members of the public vote against the retention of the judge, the governor is required to appoint another judge to fill the position.
• Expert Witnesses and Testimony in Four Court Cases The first case that was linked to the admissibility of expert evidence was Frye v.the United States, in 1923. The Kumho case expanded the use of Daubert and Joiner guidelines to any expert evidence.
• Mock Trial Experience at Brooklyn Federal Court At the first stages of the procedure, the Counsels succinctly and accurately presented the scope of the case. The defendant was accused of murder, but the motives of the crime were unknown.
• Constitutional Law: Supreme Court and Stare Decisis Such a system can refresh the views on legal issues and establish less stereotypic judgments, which is especially important at the age of democracy in the United States.
• Larry Hillblom: Should Larry Junior Go to Court or Settle? Due to the fact that he did not stipulate that illegitimate children would be unable to receive an inheritance, anyone who could prove themselves to be a child of Larry Hillblom would be a legitimate […]
• International Court Punishing Rape in Armed Conflict One of the main questions that often arise is the effectiveness of this court to punish sexual crimes in a way that would bring justice to the victims.
• Supreme Court: Elk Grove Unified School District vs. Newdow In the case, Newdow an atheist as opposed to his daughter’s participation in the recitation of Pledge of Allegiance due to the word ‘under God.’ His claim was that the school and the state were […]
• Understanding the Court System: People vs. Turner Case The case People versus Tuner is one of the recent cases that drew massive public attention given the sentence that the offender was given and the time that he spent in prison for the crime.
• “Punishment” and “Conscience of the Court” Comparison In this way, the woman shows that even though she accepts her role in the family and in society, she is not going to forget her own self and will stand her ground.
• Criminal Court: Ahmad Al-Faqi Al-Mahdi Case One of the current criminal cases addresses the issue of cultural heritage destruction. In the recent past, the destruction of historical sites is something that has been used as a critical aspect of warfare.
• Loving vs. Virginia Supreme Court Case Since the couple pled guilty, the judge refused the appeal which led the case to be taken to the Virginia Supreme Court of Appeals.
• Women Roles in the Ptolemaic Court The attempt to figure out the role that women played in Ptolemaic courts uncovered a radical transition regarding the significance of women from Ptolemy I, the first Ptolemaic king, to the beginning of the reign […]
• Court Problem and Its Future
• The Supreme Court of the United States
• Court System vs. the United States Constitution
• Project Reset and the Domestic Violence Court
• The Eighth Amendment and the US Supreme Court
• Criminal Cases in the Supreme Court’s Jurisdiction
• Home Firearms in McDonald vs. Chicago Court Case
• US Supreme Court’s Ideological Tendencies
• Supreme Court in New York Times Co. vs. United States
• Obergefell vs. Hodge: Supreme Court Case
• Syrian War Crimes and International Criminal Court
• The Juvenile Division of the Court
• Brown vs. Plata Case and Supreme Court’s Decision
• European Court of Justice and Regional Integration
• The Supreme Court Role in Canadian Politics
• Supreme Court and State of the U.S. Justice System
• Law: Court Issue Analysis
• Law: Court Purposes and Responsibilities
• Analyzing Data in HR and Presenting Findings to Make Decisions in Crown Prince Court
• Analysis: “Governing From the Bench: The Supreme Court of Canada and the Judicial Role” by Emmett Macfarlane
• Albert Court Motor Lodge
• The New Deal and the Role of the Supreme Court
• U.S. Supreme Court: Antonin Scalia as a Textualist
• Oral Arguments and Decision-Making on the Supreme Court
• Supreme Court in Israel
• Theory of Negligence Advance in High Court in Australia
• Personal Jurisdiction of a Court
• Civil Rights Court Case: Griggs vs. Duke Power Co
• The Role of the High Court in Australia’s System of Government
• High Court of Australia
• A Case Against Polygraph Evidence Admissibility in Court
• Emperor Xiaowen and His Court
• The Supreme Court: Justice Clarence Thomas
• The Relationship Between the International Criminal Court and the African Union
• Prima Facie Case: Home Country vs. Foreign Country
• International Court of Justice in Hague
• Supreme Court in the United States
• Roe vs. Wade Ruling – The Result of the Supreme Court
• As Supreme Court Reconvenes, Civil Rights Issues in the Fore
• Why Juveniles Should Be Tried in Adults’ Court?
• Gay Marriage and Decision Massachusetts Supreme Judicial Court
• The Warren Court in United States
• U.S. Supreme Court Operation
• Comparison of US Supreme Court Decisions
• Child Abuse and Neglect Children in Court
• Questioning and Criticizing Supreme Court Nominees
• The Supreme Court Decision: Bank of Augusta vs. Earle
• The Supreme Court, in the Case of Kelo vs. the City of New London
• Prison Paper Topics
• Civil Rights Movement Questions
• Social Policy Essay Ideas
• Constitution Research Ideas
• Supreme Court Essay Topics
• Criminal Procedure Titles
• Antitrust Law Research Topics
• Civil Law Paper Topics
• Chicago (A-D)
• Chicago (N-B)

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How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials,

Third Edition (LexisNexis 2009) by Michael Makdisi & John Makdisi

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

(b) Procedural History

(c) Issue (and questions presented)

(d) Holding (and conclusions)

(e) Analysis (rationale)

(f) Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

More Helpful Links

The american legal system, how to brief a case, how to read a casebook 101, top 20 things you need to know about law school, learn to spot issues like a lawyer, why an internet search is not legal research, why go to law school, what’s the most challenging part of law school, what advice would you give yourself about law school.

Legal Writing Tip: Start Your Brief with a Solid Introduction

Here is an example of an effective opener from a brief written by Stephen M. Shapiro, the author of Supreme Court Practice :

Like all other states, Pennsylvania requires funds to finance the construction, maintenance, and repair of its roads, bridges, and tunnels. Also like other states, Pennsylvania raises the funds largely through taxes and fees levied on the users of its highways. A substantial proportion of these taxes is paid by interstate motor carriers. Appellant American Trucking Associations, Inc., as their representatives, has brought this suit not because of any objection to the raising of revenues by highway-user charges or to the level of revenues Pennsylvania seeks to raise, but solely because the discriminatory nature of the two highway-use taxes Pennsylvania has adopted—the marker fee and its successor, the axle tax—favors local interests at the expense of interstate commerce.

In his book, Point Made , legal writing expert Ross Guberman offers four ingredients for cooking up a “sizzling” introduction:

1. Begin with a paragraph or two explaining who the parties are; when, where, and how the dispute arose; what the question is (what the fight is over); and why your side is right. This is the “Brass Tacks” approach.

2. List three or four reasons why you should win. This is the “Short List,” where you “number your path to victory.” Think of the points you would make to the judge if you only had 60 seconds to do so. Include details specific to your case.

3. Give the court “a reason to feel good about ruling in your favor,” such as the fear of (a) misconstruing a doctrine or statute; (b) creating new duties, rules or defenses; or (c) reaching an unfair result or causing harm. Guberman notes that all judges want to avoid (a) and (b), and many judges (off the record) want to avoid (c), as well. This is the “Why Should I Care?” technique.

4. Draw a line in the sand. This is the “Flashpoint” technique, where you contrast your view of the issue with that of your opponent, and thereby pre-empt the other side from “making the case into something it’s not.”

Here’s an example of “Flashpoint” from a brief by Associate Justice of the U.S. Supreme Court Ruth Bader Ginsburg: The issue in this case is not whether the Constitution compels the University to adopt a special admission program for minorities, but only whether the Constitution permits the University to pursue that course.

In most cases, starting with a “Brass Tacks” passage and adding a “Short List” of the reasons why you should win will result in a persuasive introduction. Guberman advises throwing in “Why Should I Care?” and “Flashpoint” to concoct “the most richly flavored” introduction possible.

Attorney Savannah Blackwell is a former news reporter who covered government and politics for more than a decade, mostly in San Francisco. She can be reached at [email protected] . Follow her on Twitter at @SavannahBinSF .

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New Student Resource Guide: Outlining and Case Briefing

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Briefing Cases

What is a brief?

A brief is a written summary of the case.

How to prepare a brief

To prepare one, you must distill the case's most important parts and restate them in your own words. The effort will provide a variety of important benefits.

Read the case carefully and thoroughly to describe the case accurately. Describing the case in your own words forces you to determine exactly what the courts said, which concepts and facts were essential to its decision, and the proper legal terminology and procedures.

Steps to briefing a case

1. Select a useful case brief format.

There are many different ways to brief a case. You should use the format that is most useful for your class and exam preparations. Regardless of form, every brief should include the following information in steps 2-9.

2. Use the right caption when naming the brief.

A brief should begin with the case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook.

3. Identify the case facts.

Next, state the facts of the case. This section is necessary because legal principles are defined by the situations in which they arise. Include in your brief only those facts that are legally relevant. A fact is legally relevant if it had an impact on the case's outcome. For example, in a personal injury action arising from a car accident, the color of the parties' cars seldom would be relevant to the case's outcome. Similarly, if the plaintiff and defendant presented different versions of the facts, you should describe those differences only if they are relevant to the court's consideration of the case. Because you will not know which facts are legally relevant until you have read and deciphered the entire case, do not try to brief a case while reading it for the first time.

4. Outline the procedural history.

With the statement of facts, you have taken the case to the point at which the plaintiff filed suit. The next section of the brief, the procedural history, begins at that point and ends with the case's appearance in the court that wrote the opinion you are reading. For a trial court opinion, identify the type of legal action the plaintiff brought. For an appellate court opinion, also describe how the trial court and, if applicable, the lower appellate court decided the case and why.

5. State the issues in question.

You are now ready to describe the opinion you are briefing. In this section of the brief, state the factual and legal questions that the court had to decide. To analyze a case properly, you must break it down to its component parts.

6. State the holding in your words.

In this section, separately answer each question in the issues section. For quick reference, first state the answer in a word or two, such as "yes" or "no." Then in a sentence or two, state the legal principle on which the court relied to reach that answer (the "holding").

7. Describe the court's rationale for each holding.

You now should describe the court's rationale for each holding. This section of the case brief may be the most important, because you must understand the court's reasoning to analyze it and to apply it to other fact situations, such as those on the exam. Starting with the first issue, describe each link in the court's chain of reasoning.

8. Explain the final disposition.

Describe the final disposition of the case. Did the court decide in favor of the plaintiff or the defendant? What remedy, if any, did the court grant? If it is an appellate court opinion, did the court affirm the lower court's decision, reverse it in whole or in part, or remand the case for additional proceedings?

9. Include other opinions.

Concurring and dissenting opinions are included in a casebook when they present an interesting alternative analysis of the case. Therefore, you should describe the analysis in your case brief. It will help you see the case in a different light.

An excerpt from Burkhart, A. M., & Stein, R. A. (2008).  How to Study Law and Take Law Exams in a Nutshell . St. Paul, Minn: West Pub. Co.

Introduction

Briefing cases and outlining your courses are important skills that will help you as you prepare for classes and study for law school exams.  This page offers some tips and tricks for doing both.

Begin an outline as soon as you have finished a chapter of the casebook, and supplement the outline as you finish each additional chapter. A chapter ending is a good time to outline because the materials in a chapter normally all relate to the same subject and provide a natural organizational unit. by outlining at the end of each chapter, you also will stagger the taks of outlining among your courses; normally, you will finish chapters on different days in different courses. You also will spread the work of outlining over the entire term, rather than trying to prepare complete outlines for each course in teh days immediately before the exams. 

To begin outlining, review your notes and case briefs for the chapter to identify its main topics. The casebook's table of contents can help you in this process. For each topic, gather the following information: 

1. Definitions of any terms of art; 

2. Relevant rules of law, including a description of each element that must be satisfied for the rule to apply and any differences among the jurisdictions; 

3. Exceptions to the rule;

4. Available remedies; 

5. Underlying policy considerations; 

6. Any important historical background; and

7. Any important reform proposals. 

There is not one proper outline format. The best format depends on the course materials and on the organization that is most helpful to you. To keep the outline to a usable length, avoid including tangential matierals no matter how interesting they are. Despite the need for consiseness, however, include an example of how a rule applies if the rule is particularly complex or abstract. An example can make the rule more understandable and memorable. 

Outlining will be slow going at first. Just as with case briefing, however, you will become more proficient. As your outlining skills improve and as you cover more matieral in each course, review the earlier portions of the outline to correct and to supplement them. 

An excerpt from Burkhart, A. M., & Stein, R. A. (2008).  Law school success in a nutshell: A guide to studying law and taking law school exams . St. Paul, MN: Thomson/West. 

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Writing Effective Legal Case Briefs for Law Students

How to write a case brief, complete with examples.

tl;dr - Case briefs help your understanding of legal concepts and enable you to better prepare for exams. Here are some example case briefs .

As a new law student, one of the essential skills you need to develop is the ability to write effective legal case briefs. A case brief is a concise summary of a legal case that highlights the key issues, legal principles, and holdings of the court. Writing a good case brief can help you better understand the law, prepare for class discussions and exams, and become a more effective legal professional. In this article, we'll explore the key elements of a good legal case brief and provide some tips on how to write one effectively.

Legal case briefs are an essential tool for you as a law student, as they provide a concise and organized summary of a court case. Case brief examples serve as a means for you to understand the facts, issues, and legal principles underlying a court decision, and are crucial in helping you develop analytical and critical thinking skills.

One of the primary reasons why case briefs are important for you is that they help you understand the law in a practical and applied manner. In law school, you study legal principles and concepts in a theoretical sense. However, case briefs provide a means for you to see how these principles are applied in real-world situations. By analyzing and dissecting court decisions, you are able to gain a better understanding of how legal principles and concepts are applied in practice. For example, case brief examples of landmark cases like Marbury v. Madison or Brown v. Board of Education can help you understand the historical and legal significance of these cases.

Understand the Structure of a Legal Case Brief

Before we dive into the details of how to write a good legal case brief, it's important to understand its structure. A typical legal case brief, such as the examples of case briefs available on LSD , includes the following sections:

• Title and Citation: This section includes the name of the case, the court that decided the case, and the citation (i.e., the reference that identifies where the case is published).
• Facts: This section provides a brief summary of the key facts of the case, including who the parties are, what they did, and how the case came to court.
• Issues: This section identifies the legal issues that the court was asked to decide, and focuses on the questions that the court addressed in its decision.
• Holding: This section summarizes the court's decision on the legal issues presented in the case.
• Analysis: This section provides an explanation of the court's reasoning in arriving at its holding, including the legal principles and rules that the court relied on.

Focus on the Key Facts and Issues

When writing a case brief, it's important to focus on the key facts and legal issues presented in the case. You should avoid including unnecessary details or information that is not relevant to the legal issues. Instead, focus on the facts and issues that are essential to understanding the court's decision. This is evident in many examples of case briefs written by legal professionals.

Identify the Legal Principles and Rules

In addition to focusing on the key facts and issues, it's important to identify the legal principles and rules that the court relied on in arriving at its decision. This will help you understand the court's reasoning and the legal principles that are relevant to the case. Many examples of case briefs available online also highlight the legal principles and rules that were applied in a particular case.

Use Clear and Concise Language

A good legal case brief should be written in clear and concise language, as seen in examples of case briefs written by legal professionals. You should avoid using legal jargon or technical terms that may be difficult for a layperson to understand. Instead, use plain language that accurately conveys the meaning of the court's decision.

Be Organized and Structured

To make your case brief more effective, it's important to be organized and structured in your writing. Use headings and subheadings to separate different sections of your brief, and make sure that each section flows logically from one to the next. This is evident in many examples of case briefs available online, which are organized and structured in a clear and logical manner.

So, what’s the point?

Developing analytical and critical thinking skills.

Writing case briefs helps you develop analytical and critical thinking skills. By analyzing court decisions and identifying key facts, issues, and legal principles, you are practicing your ability to think critically and to identify relevant legal issues. Case briefs provide a practical way to develop these skills and apply them to real-world legal problems.

To further develop your analytical and critical thinking skills, you can practice writing your own case briefs. Take a recent court decision and write a brief that summarizes the key facts, issues, and legal principles involved. This will help you become more proficient at identifying relevant information and organizing it in a structured manner.

Preparing for Class and Exams

In addition to being a valuable tool for developing analytical skills, case briefs also help you prepare for class discussions and exams. As you read cases and write briefs, you are gaining a deeper understanding of the law and the reasoning behind court decisions. This knowledge will help you participate more effectively in class discussions and will also help you prepare for law school exams.

To get the most out of case briefs when preparing for exams, you can practice writing case briefs for cases that you studied throughout the year, or to hypotheticals from past exams. This will help you apply the analytical skills you've developed to new situations and ensure that you are able to communicate your understanding of legal principles effectively.

In conclusion, case briefs are an essential tool for law students as they provide a practical application of legal principles, help develop analytical and critical thinking skills, and aid in preparing for class discussions and exams. By studying case brief examples, practicing writing your own briefs, and developing a deep understanding of the law in context, you can become a more proficient and effective student and legal professional. For examples, check out LSD's case brief database .

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Supreme Court - List of Essay Samples And Topic Ideas

The Supreme Court is the highest judicial body in a country, tasked with interpreting the nation’s constitution and serving as a precedent for lower courts. Essays on the Supreme Court could explore its historical evolution, key landmark cases, and the role it plays in shaping national policy. Discussions might also cover the appointment and composition of the court, its political implications, and the significance of judicial review. We’ve gathered an extensive assortment of free essay samples on the topic of Supreme Court you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

Supreme Court Majority Opinion

Fields is being tried for violating the Stolen Valor Act of 2006. Abel Fields spoke at a public safety meeting, claiming due to his military experience, Fields could speak with authority about the proper course of action regarding the city's public safety issues. Fields stated that he had served in the military for eight years and had received a Purple Heart, a prestigious medal awarded to those wounded, due to an act of bravery in combat. Fields' claims were discovered […]

Four Transformative Supreme Court

The Supreme Court is more than a page in a Presidential library these Justices directly impact the United States. They are representations of their time periods, and the manifesting political philosophies of the time. Four Supreme Court Justices that could be argued to encapsulate these premises are Chief Justice Taft, Chief Justice Earl Warren, Associate Justice Thurgood Marshall, and Chief Justice John Roberts. Chief Justice Taft the only Justice in American history to have been both President, and a Supreme […]

Judicial Review – Main Documents

Part I: Essay Definitions  Judicial Review is the power to veto the actions of other agencies of government. In other words, it is a review by the United States Supreme Court of the constitutional validity of a legislative act.  The origin of Judicial Review is Marbury v. Madison (1803).  Selective Incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. It is the […]

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The Supreme Court Case of Plessy V. Ferguson and the Racial Segregation Controversy

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• How to cite a court case in APA Style

How to Cite Court Cases in APA Style | Format & Examples

Published on February 4, 2021 by Jack Caulfield . Revised on December 27, 2023.

Legal citations (e.g. court cases, laws ) in APA Style look somewhat different from other APA citations. They generally don’t list authors, and abbreviations are used to make them more concise.

Citations for court cases refer to reporters , the publications in which cases are documented. To cite a court case or decision, list the name of the case, the volume and abbreviated name of the reporter, the page number, the name of the court, the year, and optionally the URL.

The case name is italicized in the in-text citation, but not in the reference list. In the reference, specify only a single page number—the page where the coverage of that case begins—instead of a full page range.

You can easily create citations for court cases using our free  APA Citation Generator .

Table of contents

Abbreviations in apa legal citations, citing federal court cases, citing state court cases, frequently asked questions about apa style citations.

Most words are abbreviated in legal citations. This means that a very large number of standard abbreviations exist. Consult resources like this page to familiarize yourself with common abbreviations.

Pages where case information is found online also tend to show the correct form of citation for the case in question. You can check these to make sure you use the right abbreviations.

Note that “v.” (for “versus”) is used between the names of the parties in a case title, though APA recommends “vs.” outside the context of legal citations.

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Federal court cases are those that take place at the national level in the U.S.—in the U.S. Supreme Court, a circuit court, or a district court.

U.S. Supreme Court

The Supreme Court is the highest federal court, and its decisions are reported in the United States Reports (abbreviated to “U.S.” in the reference). You don’t need to specify the court in parentheses in this case, since the name of the reporter already makes this clear.

Circuit court

Decisions from the U.S. circuit courts are reported in the Federal Reporter . This reporter has appeared in three series; the first is abbreviated as “F.”, the second as “F.2d”, and the third and current series as “F.3d”.

There are 13 circuit courts, so specify which one you’re citing in the parentheses, e.g. “9th Cir.”

District court

Decisions from the U.S. district courts are reported in the Federal Supplements.  Like the Federal Reporter , it has appeared in three series, abbreviated as “F. Supp.”, “F. Supp. 2d”, and “F. Supp. 3d”.

There are many different district courts, so specify which one is being cited in the parentheses, e.g. “N.D. Ohio.”

State courts are those that operate in specific states rather than federally. The two kinds of state court that are commonly cited are supreme courts and appellate courts. They are both cited in a similar format.

In APA Style , when you’re citing a recent court case that has not yet been reported in print and thus doesn’t have a specific page number, include a series of three underscores (___) where the page number would usually appear:

With APA legal citations, it’s recommended to cite all the reporters (publications reporting cases) in which a court case appears. To cite multiple reporters, just separate them with commas in your reference entry . This is called parallel citation .

Don’t repeat the name of the case, court, or year; just list the volume, reporter, and page number for each citation. For example:

No, including a URL is optional in APA Style reference entries for legal sources (e.g. court cases , laws ). It can be useful to do so to aid the reader in retrieving the source, but it’s not required, since the other information included should be enough to locate it.

Cite this Scribbr article

If you want to cite this source, you can copy and paste the citation or click the “Cite this Scribbr article” button to automatically add the citation to our free Citation Generator.

Caulfield, J. (2023, December 27). How to Cite Court Cases in APA Style | Format & Examples. Scribbr. Retrieved August 21, 2024, from https://www.scribbr.com/apa-examples/court-case/

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How should a court case be mentioned in a Chicago Style Essay?

I'm currently writing an essay that mentions many cases that were heard by the Supreme Court. I know how to cite them, but when I mention them in-text how should I format them? For example, one case is Debs v. United States. Should that be italicized or placed in quotations marks? I'm not sure.

The Chicago Manual of Style recommends that in general essays, the parties' names be set in italic. The v -for-versus may be set in either roman or italic. Thus

Debs v. United States Debs v. United States Debs v. United States , 249 U.S. 211 (1919) Debs v. United States , 249 U.S. 211 (1919)

If your audience is the legal profession, CMS also accepts the standard of the Harvard Law Review 's Uniform System of Citation , which sets cases in roman:

Debs v. United States, 249 U.S. 211 (1919)

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