A GUIDE TO LEGAL CASE BRIEFS
I. CITATION
From what specific source is the case taken?
For example, was the case reported in the U.S. Supreme Court Reports?
II. THE FACTS
A. Material
- What materially happened?
- Was there, for example, a collision on the high seas? A dispute over territory?
B. Legal
- From what legal circumstances did the case originate?
- Did two states agree, for example, to submit their dispute to an arbitral tribunal? Was an opinion sought from the I.C.J.?
III. LEGAL ISSUES
A. Specific
- What specific legal questions does this case raise?
- For example, does the proximity of Ruritania to Zombie Island give Ruritania a legal basis for making a territorial claim for Zombie Island?
B. General
- What more general legal questions does this case raise?
- For example, is "proximity" a legitimate basis under international law for making a territorial claim for an island?
IV. THE HOLDING
- What decision was made? That is, in support of which side did the court hold?
V. LEGAL RATIONALE
- What legal reasoning informed the court's decision?
- What rules of law, for example, did it apply?
- How did it interpret legal principles, documents?
- How did it construe the facts?
VI. QUESTIONS
- What existing legal questions, if any, are unresolved by this case?
- What new questions, if any, does it raise?
Updated: January 19, 1999
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