Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case. List what happened in the “lower court(s).” What is/are the question(s) facing the court? How did the court answer the issue question(s)?

TRUMP v. VANCE, DISTRICT ATTORNEY OF THE COUNTY OF NEW YORK, ET AL. CERTIORARI TO THE UNITED STATES COURT

How to Brief a Case

Case Title and Citation:  The title of the case lists the primary parties showing who is opposing whom. The citation tells how to locate the report of the case in the appropriate case reporter.

Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.

Procedure: List what happened in the “lower court(s).” Do not go into too much detail. Just list what the lower court did or what the appellate court did if you are reading a higher court or Supreme Court case.  If it is a case of first impression in the lowest court of the federal system, then you may not have any procedure as this is the first time a court is hearing the case.  State court opinions are always appellate opinions and so there will be the trial results at the very least. Remember that some “history” or procedure of the case may be in other proceedings that are not before a court of law (agencies, for example).

Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.  (Professor Demers prefers that this question begin with the inquiry word “whether”.)

Holding: How did the court answer the issue question(s)? Include directions from the court-affirmed, reversed and remanded, etc.

Reasoning: This is the most important section of your case brief. Here you want to detail the reasoning of the majority in reaching its decision. You can actually be quite explicit in this section while keeping in mind this is to be a short form version of the important points of the decision.  Do not simply choose a couple of good sentences from the opinion.  This should be your own work as you break down the court’s steps in reaching its decision.  Be certain to spell out what the law was before this case was decided and how the law has changed or remained consistent after this decision.

FOR PURPOSES OF LOGIC AND THE LAW:  THIS SECTION SHOULD BE A BREAKDOWN IN BULLET POINTS OF EACH OF THE COMPONENT IDEAS IN THE COURT’S REASONING IN COMING TO ITS CONCLUSION.

Concurring/dissenting opinions: The judges or justices in agreement might have more to add in a concurring opinion.  In a dissenting opinion, the opposing judges usually have remarks that state why they disagree with the holding.

FOR PURPOSES OF LOGIC AND THE LAW:  YOUR ANALYSIS SHOULD INCLUDE BULLET POINTS OF THE COMPONENT IDEAS IN EACH OF THE CONCURRING/DISSENTING OPINIONS.