1. Introduction: the nature of a case brief Professor Sam Blay

2. What is a Case Brief?? The Two Briefs
Student brief
Appellate Brief

3. Student Brief
A short summary and analysis of a case prepared for study purposes.
It is a set of notes, presented in a systematic way, in order to sort out:
the parties,
the issues,
ascertain what was decided, and
analyze the reasoning behind a decision made by a courts.

4. Appellate Brief
A written legal argument presented to an appellate court.
Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision.
The briefs are geared to presenting the issues involved in the case from the perspective of one side only.

5. Student brief

6. The Essence
Essentially, a case brief is a well structured summary of a case

7. Helps to read the case
A summary often helps one remember the facts and issues of a case
helps to isolate legal rules, tests, and standards.
Briefing provides practice in isolating relevant facts from irrelevant facts
provides practice in framing an issue
Being a basis on which to develop your research

8. The Format of a Case Brief

9. Elements consistency in structure concise / efficient writing
relevance in choice of material

10. Structure 1 case citation 2 nature of dispute 3 The procedural status
4 relevant facts
5 key issues
6 relevant rules of law
7 holding
8 ratio dicidendi

11. White v Johnston [2015] NSWCA 18
Citation Details
The Parties
Publication Details
White v Johnston [2015] NSWCA 18

12. What Should the Brief Contain?

13. The Contents of the Brief
Facts of the Case:
outline the essential facts of the case, particularly those facts bearing upon or leading up to the issue
Statement of Issue(s):
outline the dispute to be resolved by the court. For example, which rule of law should be applied? How should a given element of a rule be defined? What general principle(s) of law are illustrated by the case? What legal test(s) should be applied?
Rationale (Ratio Decidendi):
the reasoning behind the court's decision. (Was the court reasoning based on precedent, economics, politics, sociology, fairness, etc..?) The reasoning, or rationale. This should be outlined point by point
Court Holding
indicate the decision of the court in this case
Analyses:
evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, or the impact it has on litigants, government, or society