When Reading and Briefing (Reporting) a Case, Identify the Following:

Case Name; Court; Year Decided

FACTS: Identify the key facts, those the court considered important in deciding the
case, necessary to understand the context and the ruling of the case. Include
who is suing (i.e., the plaintiff, if its a civil case) or prosecuting (if its a
criminal case), who is being sued or prosecuted (the defendant), the legal
basis for the suit, and, if the case says, what remedy the plaintiff is seeking.

ISSUE: This is the key (dispositive) question(s) the court is trying to decide (i.e., its
the point of the case). Seek to frame the issue so precisely that it is a yes or
no question, the answer to which determines who wins the case. (This may
be the hardest and most important part of the case brief.)

RULES: Once the issue has been identified, you should state the rules the court
applies. Rules are the legal authority used by the court in arriving at its
decision. This is tricky, but only the laws that the court must follow in
deciding the case are rules. So, in deciding a constitutional case (in other
words, the court is deciding a constitutional question), the Constitution itself
and case law precedent are the only sources of rules. In a statutory, treaty,
or regulatory case, statutes, treaties, or regulations would also be rules.
Usually, the court relies on more than one rule, or a test that has more than
one part. Be complete. Whenever you can, cite the source of the rule, dont
just state what the rule is -- this will give your statement of the rule more
authority.

APPLICATION/ANALYSIS: Explain how the court applies the rules (law) that governs
the issue to the
specific facts of the case in deciding the issue. This is the why of the
ruling and is often essential to understanding the case and to what extent the
ruling may apply to future similar (but not identical) cases. This is not your
interpretation; it is the courts. This is the meat of your answer, the place
where you connect the dots and lay the foundation for your conclusion.
Unfortunately, students often give this short shrift or even ignore it. Without
thorough application, your conclusion, even if correct, carries less weight
than it would otherwise. This is true in life itself: the best conclusions are
those that are well-explained and supported with authority (rules) and facts.

CONCLUSION/HOLDING AND JUDGMENT: Specifically state how the court resolved

the issue in the case. The holding is the answer to the question raised in the
issue and the rule of law which emerges from the case. The judgment is the
decision of the court (whose opinion youre reading) as to which party wins;
this judgment will either affirm what the lower court did or reverse it. (For
example, Ruling of the court of appeals in favor of the plaintiff was reversed
and judgment entered for the defendant.)

CONCURRING OPINION(S): In some cases, judges write a separate concurring

opinion that agrees with the result of the majority opinion, but disagrees with
the majoritys reasoning. These may become influential in deciding future
cases. Explain how the concurring opinion differs from the majority. The
application/analysis and conclusion will be different; are the cited rules
different, too?
DISSENTING OPINION(S): In some cases, judges write a separate dissenting opinion
that disagrees with the result of the majority opinion (and likely disagrees
with the majoritys reasoning). Like concurrences, these may become
influential in deciding future cases (and indeed may be become the majority
opinion in the future). Explain how the dissenting opinion differs from the
majority. The application/analysis and conclusion will be different; are the
cited rules different, too?