Case Briefing for Paralegal Law Students
How to Brief a Case (IRAC Method)
OBJECTIVE
To carefully read, critically analyze and briefly summarize the key
elements of a court opinion.
WHY?
Central to learning about law and the legal system is understanding
the way judges and lawyers use critical thinking skills to solve legal
problems. A judge uses these skills when writing a court opinion - a
document which explains the decision the judge reached in a particular case.
By writing a "brief", or summary of the court opinion, you will further
develop your critical thinking and writing skills. Good critical thinking and
writing skills are useful in many other areas besides law.
TASK
Read the court's opinion in an assigned case. Then, using the process
described below, write a 1 to 1-1/2 page summary (a "brief") of the case
using complete sentences. Use the format and headings of the sample case
brief (see below). Both typed and legible handwritten briefs are acceptable.
PROCESS
The method used here is called the "IRAC" method. IRAC stands for
"Issue-Rule-Analysis-Conclusion". The 5 sections of your brief are:
1.
2.
3.
4.
5.
FACTS
ISSUE
RULE
ANALYSIS
CONCLUSION
The following step-by-step process, with examples from a hypothetical case
about buying a car, should help you in writing your brief. With practice, each
brief you write will be easier than the last, and your understanding of legal
problem solving will increase.
STEP ONE. Identify each of the following elements of the court's opinion
and then write 1-3 sentences about each element you have identified:
1. FACTS. There are 2 parts to this section.
1) First, the material facts giving rise to the dispute (those facts
essential to the outcome of the case expressed in generic
terms).
GOOD: "Buyer sued seller for rescission of a contract to buy a car."
POOR: "Bob Jones sued Sally Smith to break a contract for the sale of
Sally's red Ford Pinto."
Notice that "Buyer" and "seller" describe the relevant legal status of the
parties, i.e., their "generic" labels; unimportant facts are left out ("red Ford
Pinto").
2) Second, a statement of the procedural history shows how the
case started and how it reached the court that's writing the
opinion.
For example, "Buyer sued seller. Buyer appeals from a jury
verdict in favor of the seller."
2. ISSUE. The issue is the QUESTION of law the court must decide.
Again, the issue should be expressed in generic factual terms, using
the important facts.
GOOD: "Is a buyer entitled to rescission of a contract to buy a car
when the seller makes an innocent but material misrepresentation
about the car's mileage?"
POOR: "Can Bob rescind the contract with Sally for the car when the
actual mileage is 120,000 instead of 20,000, even though Sally really
thought 20,000 was correct?" or (even worse) "Should Bob or Sally
win the lawsuit?"
3. RULE. The governing general rule (precedent and/or statute) which
the court uses to analyze and answer the question posed by the
legal issue.
GOOD: "A buyer is generally entitled to rescission of a sales contract if
the seller innocently misrepresents material facts about the item sold,
on which the buyer relies in agreeing to the purchase."
POOR: "Johnson v. Meyers is the precedent applied by the judge."
(fails to explain what the legal rule actually is.)
Note that the facts of the case before the court are not discussed in this
section. Rather, a general principle that would apply to all such cases is
stated.
4. ANALYSIS. The court's application of the rule to the facts of the case
before it. This should include a discussion of how the rule applies to
the important facts in the case before the court.
GOOD: "The seller's innocent misrepresentation about the car's
mileage was a material fact. It induced the buyer to buy the car. The
buyer is therefore entitled to rescission of the sales contract."
(explains the court's reasoning as applied to the facts before it.)
POOR: "Under the rule in Johnson v. Meyers the buyer can have the
contract rescinded." (fails to explain the court's reasoning - it "jumps"
to a conclusion.)
5. CONCLUSION. This consists of two parts –
1) the court's holding, and
2) the procedural result.
1) Holding: This should answer the question raised in your issue
statement, and explain the legal reason for the court's
decision.
GOOD: "The buyer is entitled to rescission of the contract to buy a car
because he relied on the seller's innocent misrepresentation of a
material fact about the car's actual mileage."
POOR: "The court ruled in favor of the plaintiff."
2) Procedural Result: In 1-2 sentences explain whether the case
was affirmed, reversed, remanded for a new trial, etc. For
example, "Reversed and remanded for a new trial."
STEP TWO. Combine the sentences you have written under their
appropriate headings, as on the sample case brief.
STEP THREE. Read your brief and decide if it clearly and accurately
describes the key elements of the court's opinion. If it does, congratulations!
You have accomplished your objective. You have successfully condensed
complex information from a court opinion into a concise and readily usable
form.
SAMPLE CASE BRIEF
(Student Name)
Case Name:
Jones v. Smith
Case Citation: 341 S.V. 2d 829 (1994)
FACTS: A buyer sued a seller for rescission of a contract to buy a car. Buyer
appeals from a jury verdict in favor of the seller.
Notice that "Buyer" and "seller" describe the relevant legal status
of the parties, i.e., their "generic" labels; unimportant facts are
left out ("red Ford Pinto"). A statement of the procedural history
shows how the case started and how it reached the court that's
writing the opinion.
ISSUE: Is a buyer entitled to rescission of a contract to buy a car when the
seller makes an innocent but material misrepresentation about the car's
mileage?
The broader "a buyer" is used instead of "the buyer." Issue is
worded in present tense, not past tense.
RULE: A buyer is generally entitled to rescission of a sales contract if the
seller innocently misrepresents material facts about the item sold, on which
the buyer relies in agreeing to the purchase.
Note that the facts of the case before the court are not discussed
in this section. Rather, a general principle that would apply to all
such cases is stated, using present tense.
ANALYSIS: The seller's innocent misrepresentation about the car's mileage
was a material fact. It induced the buyer to buy the car. The buyer is
therefore entitled to rescission of the sales contract.
Explains the court's reasoning as applied to the facts before it.
Notice the shift to past tense. This is not only OK, but preferred,
because now we're applying the rule to the specifics of this case.
CONCLUSION:
A buyer is entitled to rescission of a contract to buy a car
when he relies on the seller's innocent misrepresentation about the car's
actual mileage because a car's mileage is a material fact upon which a buyer
would be expected to rely in buying a car.
Tense has returned to present, as well as "a buyer" instead of "the
buyer." "When" is the transition word that works here to explain
reason for court's ruling.