A brief should be brief. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the Facts and the Analysis, while the Issues and Holdings demanded the least. You should also include the facts that are dispositive to the decision in the case.
Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.
P87 ] Ray, M. Schmidt Lessard v. Here are a few examples of case names.
Cite this Article A tool to create a citation to reference this article Cite this Article. Although somewhat intimidating to the novice, once you learn the basics, writing legal research papers is no more difficult than writing a term paper.
Annotating Cases Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier.
Abbreviate the name of the reporter as shown in The Bluebook. The techniques in the remainder of this section will describe ways to make full use of your highlighters. Our recommendation is a mechanical pencil. Other court decisions never appear in case reporters.
H36 ] Putman, W. Names of the parties. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine.
A Uniform System of Citation for preparing citations and references to legal materials. Excerpt reproduced from Introduction to the Study of Law: Here are some examples of correctly formatted courts and dates. Such citations and references are more useful to readers when they are provided in conventional legal format.
Reasoning The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did. For example, using the Miranda case previously mentioned, you would argue whether the failure of a police officer to give a suspect a Miranda warning would bar any admission made by a suspect.
First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. The more you brief, the easier it will become to extract the relevant information.
An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.
How to Cite a Research Paper in Chicago Style The Chicago style of citing is commonly used in humanities. It requires writers to cite sources in endnotes or footnotes. According to the "MLA Handbook for Writers of Research Papers" (7th edition), citations for borrowed information typically include the author's last name and a page number, among other bits of information.
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision.
Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only. Toggle navigation > Introduction to Basic Legal Citation. Table of contents; Index; Help; in Brief; Citing Constitutional and Statutory Provisions in Brief; Citing Agency Material in Brief; The Bluebook Levels of Mastery; Citation in Transition; Who Sets Citation Norms; HOW TO CITE Electronic Resources; Judicial Opinions.
Want to cite a report in MLA? A report is a document containing the findings of an individual or group.
Can include a technical paper, publication, issue brief, or working paper. Conducting Research. These OWL resources will help you conduct research using primary source methods, such as interviews and observations, and secondary .Cite legal brief research paper