The Art of Case Briefing Pathway of a

The Art of Case Briefing

Pathway of a case High Court (reviews the decisions of the intermediate appellate court) Loser at IAC Intermediate Appellate Court (determines appeals whether the trial court made the correct rulings) Loser at trial court appeals Trial Court (this is where the case starts. . Guilty or not guilty; jury; evidence; creates a winner and a loser) IAC writes an opinion either affirming or overruling

Four Parts 1. Style 2. Facts 3. Issue 4. Holding

Style �Like citing a book �Blue Book (case citations) �Example of SCOTUS Case �Party v. party, ### U. S. ### (year decided). �Brown v. Board of Education, 347 U. S. 483 (1954).

Facts �At least one paragraph (complete sentences) �What to include: �Parties �Lower courts and their decisions �Law being disputed �Legal arguments presented by both parties �Any other pertinent facts

Issue �The central question the reviewing appellate court must answer �Must ALWAYS be in the form of a question �Example �Brown v. Board: �Does the equal protection clause of the 14 th Amendment bar segregation in public schools?

Holding �Two Parts �Part 1: Answer the question presented as the issue the way the reviewing appellate court answered it and NOT how you think it should be answered �Part 2: Explain the court’s reasoning behind their decision. You must use complete sentences and may also use quotes.

Congratulations!!! �May the force be with you in your continued pursuit of case briefing!!!