How to write a legal brief for a civil case

Title and Citation The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing.

How to write a legal brief for a civil case

Procedural History How did this case get to this particular court?

how to write a legal brief for a civil case

Typically, you will be reading case law from the appeals court. That means the case has already been decided at a lower court and the losing party has appealed to a higher court. Typically, the lower courts don't write opinions on their decisions, consequently, you'll almost always be reading appellate decisions.

The judge often starts the case with information on how the court below decided the case and which party is making the appeal. Often the cases will present a detailed history of the arguments presented by both parties in the court below as well. At minimum, you should be able to answer the following two questions that your professor is likely to ask in class: Who is appealing on what issues?

What happened in the lower court? A well-written opinion starts out by telling you the legal issue up-front. Language that the court uses might include such phrases as: The problem could be an error that the court made or the appellate court may want to take the case because the lower courts in its jurisdiction are not consistent in their decisions.

By taking this case, it gives the higher court a chance to give guidance and establish precedent for the lower courts to follow.

how to write a legal brief for a civil case

Facts of Case A well-written case gives the relevant facts that brought the parties to court. In a Torts case, for instance, the judge recites the facts of the accident or injury. In Contracts, the prior business relationship might be discussed.

Historical development

In Criminal law, the crime is described. Case law is at its worst when the court leaves out the facts. Judges sometimes don't include facts because the question before the appellate court doesn't require all of the details to be resolved.

The issue on appeal is so narrow, that the facts as determined by a jury are often no longer relevant to the issue at hand. However, it helps when the judges give you a context by outlining all of the facts.

You'll probably encounter such a case in Civil Procedure. Neff is one of those traditional law school cases that is extremely frustrating to understand because it lacks a background history of the facts.

In situations like this, you want to revert to secondary sources such as hornbooks 3, to pick up on the material.Casebook Coverage. Our library of 14, + case briefs is keyed to the law school casebooks that you see below.

We write briefs only for the principal cases in each casebook, so non-principal cases are excluded. (For more information, please read our article on the difference between principal and non-principal cases)..

Don't see your casebook below? How To Brief A Case (Quick Study: Law) [Inc. BarCharts] on caninariojana.com *FREE* shipping on qualifying offers. Our chart shows you how to brief a case in a compact format that is simple to follow.

Includes an actual brief that illustrates all the salient points. Procedural law: Procedural law, the law governing the machinery of the courts and the methods by which both the state and the individual (the latter including groups, whether incorporated or not) enforce their rights in the several courts.

Procedural law prescribes the means of enforcing rights or providing. All Rights Reserved | © by Peter W. Martin About LII; Contact us; Advertise here; Help; Terms of use; Privacy. Go to the Magistrate Clerk’s office in the county where your problem is located and ask for a Civil Complaint.

You can also find the Civil Complaint online.. Fill in your name and address. Masterpiece Cakeshop caninariojana.comdo Civil Rights Commission Amicus Brief by CitizensUnited.

Precedent - Wikipedia