If you prefer a visual approach to learning, you may find highlighting to be a very effective tool. Finally, when you spot a particularly important part of the text, underline it or highlight it as described below.
By their very nature briefs cannot cover everything in a case. Be sure to distinguish the issues from the arguments made by the parties. Depending on the brand, purple and green can be dark, but still work well.
Learning to brief and figuring out exactly what to include will take time and practice. 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. 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.
Try to keep your briefs to one page in length.
At a minimum, however, make sure you include the four elements listed above. 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 should you highlight? Yellow, pink, and orange are usually the brightest. 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.
The more you brief, the easier it will become to extract the relevant information. 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.
In the personal experience of one of the authors, this element was used to label cases as specific kinds e. One subject in which Procedure History is virtually always relevant is Civil Procedure.
A mechanical pencil will also give you the freedom to make mistakes without consequences. What facts are relevant to include in a brief? 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.
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.
The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process. With a pencil, however, the ability to erase and rewrite removes this problem. 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.
A brief should be brief!
You should also include the facts that are dispositive to the decision in the case. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.
Our recommendation is a mechanical pencil. 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.
Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief.
Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. As you hit these elements or what you think are these elements make a mark in the margins. Please help improve this article by How to brief a case according to dana l blatt adding an introduction to the life and political history of nigel hawthorne citations An introduction to the history of the protestant movement to reliable sources.
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. You might be wondering why annotating is important if you make an adequate, well-constructed brief.
Consider using yellow for the text that you tend to highlight most frequently. A brief is also like a puzzle piece. 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.
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. You are the person that the brief will serve!
When describing the Judgment of the case, distinguish it from the Holding. 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.Casenote legal briefs.
Remedies: adaptable to courses utilizing York and Bauman's casebook on remedies.
[Dana L Blatt; Norman S Goldenberg; Kenneth H York;] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Contacts Search for a Library. Create. Find great deals for High Court Case Summaries on Constitutional Law by Dana Blatt (, Paperback, Revised).
Shop with confidence on eBay! High Court Case Summaries on Administrative Law by Dana L. Blatt () [Dana L. Blatt] on mi-centre.com *FREE* shipping on qualifying offers. Will be dispatched from UK. The High Court Case Summaries are great commercial brief books, but have much better features than legalines.
They provide a more concise brief and usually /5(11). Get this from a library! Casenote legal briefs. Admiralty: adaptable to courses utilizing Healy and Sharpe's casebook on admiralty. [Dana L Blatt; Norman S Goldenberg; Nicholas J Healy;]. "How to Brief a Case" by Dana Blatt (long; not necessary to read all) "How to Brief a Case" by LawNerds.
Case Briefing: Criticism of IRAC. Many other articles may be found on-line by entering "how to brief a case" into a search engine. High Court Case Summaries - Torts [Dana L. Blatt] on mi-centre.com *FREE* shipping on qualifying offers.
Provides extensive analysis of cases in the Dobbs casebook. Included in the case analyses are the case procedural basis/5(11).Download