Whether you decide to paper brief or book brief, there are certain, basic components you must include.

• Issue(s) – What is the problem?
• Relevant Facts – What is happening?
• Rule of Law – What is the law to be applied?
• Analysis – How do you apply the law to the facts in order to resolve the problem?
• Conclusion – What is the result when all of the above are combined?

Does this look familiar? It is a modified IRAC system! These are the basic things you should include in your legal case briefs, but there are also some other things I find useful as well. If you can swing it you should also include dissents and opposing arguments.

Make sure you label each of these sections clearly and in logical sequence. You first must state the issue. Then state the laws or rules that apply to the issue. Next state the relevant facts and apply the law to those facts. Finally, state the conclusion or holding of the court. The holding is simply how the majority determined that the law applied in a particular situation as it relates to the legal issue at hand. Remember, there may be judges that dissent and do not agree with the majority. I believe it is very wise to include dissents in your brief. While the majority decides what the state of the law actually is, dissents often provide compelling arguments for what the law could be. This may make good fodder some day for arguing that a change in the law is reasonable in a particular case.

In the next few posts on legal case briefing we will be discussing each section in detail and what should be included (and excluded) in your brief.