How to Brief a Case

Learn how to brief a case. Also, I discuss why briefing cases is important, and when you can stop briefing them.

I want to give you some advice on briefing cases. First, the magic question: should you bother briefing cases since you are likely hearing conflicting information.

First, case briefing is designed to prepare you for the classroom discussion.

The second purpose of case briefing is to get the rule of law.

[andreamcclure]

I briefed every case but my study partner had an interesting method. She would use different colored highlighters to highlight in her textbook the different parts of the case. For example, blue for facts, pink for holding, orange for rule statement, etc. It was very effective for her.

Also, I like the new glasses, Professor!

[oliviahailey]

I am currently a Law student and I admit that I am still struggling with my studies. I keep trying to make good. Thank you so much for posting videos like this. It's a great help for law students especially those who are like me.

[raymondwilson]

I'm starting a juris master for non-lawyers this summer. Most of the professors also teach in the JD program. I really enjoy your videos! thank you.

[katerinaharding]

Thank you for the video! Would be very helpful if you could record a video of an actual briefing to see how it supposed to look like.

[bricerobinson]

Would be very helpful if you could record a video of an actual briefing to see how it supposed to look like.

[germanpw]

Thank you for this video, really helpful!

[jamesgilliam]

In the UK you must back up your answers with authority and that means cases. The average case is 30 plus pages when printed out in the official report - bummer for revision purposes. To survive here's what you must boil it down to:

Fagan v Metropolitan Police Commissioner [1969]
Facts
Fagan was asked to park his car closer to the kerb, which he did. He also parked on a police officer’s foot, and subsequently refused to move his car.
Issue
Had Fagan committed an assault on the officer?
Decision
Yes.
Reasoning
Although there was no intent in parking on the foot of the officer, the omission to move was an intentional, therefore the omission was classed as an act.

This case was relatively short - only 8 pages - but still too unwieldy for revision - so go with the nuts and bolts above. The legal principle involved here was while actus reus and mens rea are supposed to coincide Fagan's actions were considered a 'continuing illegal act' - an assault occasioning actual bodily harm in violation of the Offences Against the Person Act 1861.

When I started law school one of my classmates asked me how I remembered cases for exams. My answer was simple, "I turn the case into a video clip and on the exam I close my eyes and show the video on my eye lids." Simple really, if you know how your brain processes information. Whether the word is:
Apple in English;
Mansana in Spanish; or
Milo in Greek - when you hear or read that word in a language you understand - your brain is not going to show you the word in black and white - your brain will show you a picture of an apple.

Regardless of the language - with the image in mind you will never forget the word for apple - you might forget your spouse's birthday [not a good idea] but apple will dwell in your subconscious forever. Learning law is like learning a foreign language - to do it effectively you must immerse yourself in it and experience it - it will not come from reading thousands of words you have no imagery for.

I wish I could include pictures to demonstrate my point but here is my script for the Fagan case:

Fagan was late meeting his girlfriend at the Red Lion Pub and while parking his car a police constable directed him, "Pull your car closer to the curb sir."
Fagan, resisting the urge to tell the constable to "get stuffed" and looking at his watch, "his girl was probably already pissed because he was late" complied and while doing so his wheel came to rest on the constable's foot.
"Move your bloody car - you're on my foot."
Fagan - keys in hand - got out of the car, "Not bloody likely mate. If I don't get to the pub right now - some other bloke is going to chat up my girl and race her off, " he said, sprinting for the door of the Red Lion.

Trust me - Crim. law is a 1L course - I passed - now I'm a 2L but on my death bed I'm going to smile and say, "I wonder if Fagan's girl was still there when he got to the pub?"

Justice Holmes said, "The life of the law has not been logic but experience, " and I say - to learn law you must experience it using all of your senses.

Jim

[phyllisbirks]

I liked this !! Explanation very precise!!

[Josh-fjhi]

Unfortunately, my torts professor wants us to go above and beyond with our briefs and she has 15 points she wants us to have in every brief and says they will be turned in. So, I'm stuck doing two page briefs for her class Unfortunately

[Thomas]

Professor, do you have any advice on how to prepare for seminars? More specifically, seminars which final grades are determined by papers rather than exams?

[lordlightning]

My professor expects us to do a 3 page briefing assignment, a citation source that pertains to it and a law review article that helps conclude it.

[davidsoto]

Is the rule in a case stated explicitly in the casebook?

[solomondavid]

Please do a video on How to find the rule of Law!....

[followernumber]

Any advice  on what to do when you have to write case briefs as homework?

[JBlue-nmby]

Hello, quick can I find a comprehensive rule book that has a list of common law, model penal code, and modern law? Also, when you are arguing a hypo on a written exam, should you use commin law, or what? This has me hung up.... :(

[ashleebritton]

Generally speaking do judges usually cite the rule(s) when deciding and writing their decisions on the appeal cases? I ask because one of the components in case briefing is citing the rule but would there be times where the rule is not cited or mentioned?

[brains]

Crisp and clear delivery sir! Thank you

[almanew]

Thanks for sharing this. I hope it helps me to improve.

[celestineissharkeishano]

WOWOW! Thank you for these words of advice. My anxiety was kicking in and I did not know where to even guide myself.

[lordlightning]

Didn't realize that law classes were so cut-throat