Briefing a case – FIRAC

Evaluating (briefing)  a case 

A case brief is a one to two page memo that begins with a students name, email address, date of submission, and the name of the case. These are usually turned in via D2L.   The memo should describe six points about the case:

  1. Facts – Background
  2. Issues (specific and general)  – 1-3 sentences —  What are the specific issues in question?   And what are the background social issues? For example, does this involve questions about information regarding civil rights, individual rights, the environment or some other broad issue?
  3. Rule of Law – 1-3 sentences — On what points does this case turn? This may be about freedom of speech but perhaps it has to do with whether the doctrine of privilege can be applied to a classified  document.
  4. Analysis – All court decisions are based on evidence, precedent or constitutional interpretation.  So here look for the way that the court cited previous precedent-setting cases in order to reach an opinion in this case. Think about why those were cases cited.  In other words, try to understand the legal reasoning of the court.
  5. Conclusion – Votes, concurring or dissenting opinions  1 -3 sentences
  6. Historical impact —   3-4 sentences  Why is this case important?  How did it change the world?

Case citation styles

The citation system was originally based on paper libraries with book volumes and page numbers. Sometimes there are editions noted, as in the Rosemont  case, because the numbering system was changed twice. (We are now on the 3rd
edition since 1993). Later some systems used database numbers. Virginia uses
a straight up case numbering system along with a traditional volume and page
number system.

Preferred:

  • Rosemont Enterprises v Random House, 366 F.2d 303 Federal Case number (Vol. 366 page 303 of the Federal Reporter, Second edition)
  • New York Times v Sullivan, 376 US 254 (Vol. 376 page 254 of the US Supreme Court reporter).   

By the way, it’s  “v” not “versus” or “vs” even though it all means the same thing.

Also:

  • Other parallel citations for Sullivan are:
    • 84 S. Ct. 710 (Vol. 84 Supreme Court Reports p. 710)
    • 11 L. Ed. 2d 686 (Vol. 11 Lawyers Edition Second Edition
      page 686)
    • 1964 U.S. LEXIS 1655 (Lexis database case citation)
    • 95 A.L.R.2d 1412 (Vol. 95 Alabama Reports Second Edition page 1412).
    • 1 Media L. Rep. 1527 (Bureau of National Affiars private
      database system)
  • Richmond Newspapers v. Virginia, Record No. 781598 SUPREME
    COURT OF VIRGINIA 1979 Va. LEXIS 307; 5 Media L. Rep. 1545
  • Richmond Newspapers v. Virginia, when reheard and new instructions issued in 1981: Record Nos. 801370, 801580, 810666, 801198, 801199 Supreme
    Court of Virginia 222 Va. 574; 281 S.E.2d 915; 1981 Va. LEXIS 346; 7 Media L. Rep. 1897