Element Of Case Briefing

Question 1

Case Name

Answer 1

Gives the last names of the parties.

E.x. Plaintiff v. Defendant, Petitioner v. Respondent, Appellant v. Appellee (e.g. Roe v. Wade)

Question 2

Procedural History

Answer 2

-background of the case
(I)How Defendant wronged Plaintiff
(II)What the parties argued in lower court
(III)How the court ruled
(IV) How and why the case moved from lower court to the higher court (Basis of appeal)
-Generally a blend of facts and legal language

Question 3

Question Presented (The Issue)

Answer 3

Usually a legal or procedural question that appellant wants higher court to answer
—>it is the reason WHY the case moved from lower to higher court

Question 4

Trigger (legally relevant) facts

Answer 4

• Brief summary of the relevant legal facts of the case
• Distinct from courts opinion
• The facts are just the story of what happened from the Plaintiff and Defendants POV

Question 5

Rule (THE LAW)

Answer 5

-legal principle or black letter law upon which the court based its decision in the case

Question 6

Rule can look like 3 things…

Answer 6

(I) a succinct statement of the governing legal principle that the higher court used to decide case (about a sentence in length)
(II) a sentence or paragraph where the higher court answers the question presented
(III) a paragraph that describes the circumstances under which a person is liable

Question 7

Reasoning

Answer 7

• Usually several paragraph long and follows the rule

- Where the court explains HOW and WHY it answered the question presented the way it did.

Question 8

Holding

Answer 8

-Courts answer to question presented
Eg. Yes or No
Eg. “We hold that..”
Eg. “Court held…”