Add all necessary facts and contextual facts. Necessary facts are those that are legally important, while contextual facts are those that would help you understand the necessary facts. In order to give a clearer picture of the whole case, both types of facts should be included. In a short case, the decision is the answer given by the court to a question before it, courtesy of the parties concerned or its interpretation of the case. To justify this decision, lawyers rely on narrow procedural schemes, such as “the case overturned and withdrawn”. In principle, they should also take into account a broader material heritage based on the interpretation of the law, constitution or legal doctrines. When the key issues are specific, the decision is a simple “yes” or “no” or short statements that a practitioner or law student draws from the language of the court. A good case file follows a structure with several characteristics. First, there is an introduction that describes the nature of the problem. In principle, professionals provide an explanation of the relevant law in quotation marks, followed by a summary of the complaint (in the case of civil proceedings) or the indictment (in the case of criminal proceedings). Then there is a summary of relevant evidence and arguments that identify the problem as illegal behavior. Finally, individuals include a summary of actions taken by lower courts (e.g. conviction of the accused), conviction by a court of appeal, or granting of certiorari by the Supreme Court.
In this section, you describe your reasoning and side of the matter. This may include using the law that the court applied to the facts listed earlier in the pleading to support your argument. The very first element would be to know who are the parties involved in the case. They can identify the parties by name or title based on their role in the case. If you want your presentation to be more specific, you can use both the names and titles of the parties involved. Legal language is basically any technical jargon used in legal drafting. In any type of font, if technical jargon is used too much, it makes the text very difficult to understand. You may want to sound smart or use such terms to make the document more “legal,” but in fact, that`s not the case. If appropriate, it is acceptable to use such jargon, but if it is overused, it becomes ineffective and superfluous. Why highlight? As with comments, highlighting may seem irrelevant when creating comprehensive, well-constructed briefings, but highlighting helps you directly with the briefing. It makes cases, especially the more complicated ones, easy to digest, review, and use to extract information. That is the most important element of your presentation.
You can determine the reasoning by looking for where the court applies the law to different facts. As you write this part, remember to use your own words to better understand everything you`ve read. The most basic reason why a law student would create a sample case description is to prepare for the course. The different cases found in textbooks used in law schools differ in length, so it is important to choose all the important information of the cases and present them in a summarized and organized way. Once you`re done, you can easily identify with them during the course. Get law school advice from law students and lawyers in the LexTalk legal community Assuming that the school board acted like a state and that Brown lived “within its jurisdiction,” the key question would be: Does expelling students from a public school because of their race amount to denying “equal protection of the law”? Of course, the impact of this case was significant and went beyond the interests of the parties involved. For once, the case revealed that the U.S. Supreme Court`s tradition of upholding previous decisions that confined black Americans to “separate but equal” entities did not deny them “equal protection of the law.” Therefore, when preparing a brief, counsel should note these implications in their statement of facts at the end of the argument, where they make personal remarks and comments. You may be wondering why annotations are important when creating a proper and well-constructed briefing. By their very nature, pleadings cannot cover everything in one case. Even with a complete and well-constructed brief, you may want to refer to the original case to re-read dictations that may not have seemed important at the time, examine the full history of the proceedings or the set of facts, or seek the reasoning for a better understanding of the case; Comment makes these tasks easier.
Whether you`re returning to a case after a few hours or a few months, quickly direct annotations to the relevant parts of the case by providing a roadmap of important sections. Your text markers and side notes will refresh your memory and restore some thoughts you may have had about the case in general or on a single pass.