How to Write a Tax Court Case Brief by Hal Bartle Law students read commercial outlines, create outlines, read hornbooks, practice with flashcards and create case briefs in order to learn and memorize the various rules of law. A case brief is a synopsis, or summary, of a court opinion that states the essential and most pertinent information of the case and is used for in-class discussions and to integrate rules of law into a law school outline. Case briefs are particularly important in a course on taxation because there are many rules in tax law and case law is complex.
Two Versions of a Trial Brief The following documents offer some suggestions for drafting a brief to a court - broadly defined as a memorandum of law intended to persuade a court of the legal correctness of a position you have asserted on behalf of a client in a litigated case.
Two Versions of a Trial Brief illustrates how one writer effectively revised the first draft of a brief to maximize its persuasive potential by strategically using facts, highlighting and developing a thesis, organizing information within paragraphs, and using signposts to guide the reader.
Before submitting a brief to a court of any level and in any jurisdictionyou should consult the rules of that court concerning format, page length, and citation. Court rules are usually published and, if the court maintains a Web site, will be available via the Internet.
The rules of the court to which you submit a brief take precedence over any variations in format that appear in the examples we have provided. With that caveat, it would be permissible and often appropriate to make choices with respect to the format that we offer here - on framing the legal question presented, on characterizing and developing the theory of the case, on the level of detail to include in the Statement of Facts, on the choice and ordering of legal points in the Argument.
There is no single version of a brief to a court that will serve all situations. The choices you make will be informed by the nature and level of complexity of the legal issue that you are arguing, the formality and public nature of advocacy to a court, and the needs and expectations of your audience - a jurist or panel of judges who are facing heavy court dockets and who will expect a clear and cogent presentation of your legal and factual case theories.
As in the case of office memoranda, keeping the needs and expectations of your audience in mind is a key skill for drafting an effective brief to a court.How to Write a Case Brief Law School Success.
how to write your own case brief, including how to format the brief and what kinds of information you should include. We mean highlighting, underlining, and annotating in the margins all the information that will later go into your case brief.
For example, if the court starts talking about. Write the title of the case and the case citation.
The title of the case is structured as: petitioner's name (the person bringing the suit) v. respondent's name. For instance, "Jones v. When you feel you understand the case, you can prepare a brief of it.
Although the format of the brief may vary, typically it will present the essentials of the case under headings such as those listed below.
1 Citation. Give the full citation for the case, including the name of the case, the date it was decided, and the court that decided it. 2 Facts. 40 Case Brief Examples & Templates / Business Templates / 40 Case Brief Examples & Templates A case brief is a shortened, concise summary of a .
The dates of case filings, motions of summary judgment, court rulings, trials, and verdicts or judgments should be noted, but usually this isn’t an extremely important part of a case brief unless the court decision is heavily based in procedural rules—or unless you note . A case brief is a shortened, concise summary of a court opinion, usually in outline form.
Hence the term “brief.” Typically this is used for more effective self-study.