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Easygroup

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Briefing a case for Business Law
Briefs are written by lawyers in preparation - for exams, mediation, and trials.
The purpose of a good brief is for you and your audience to be able to discern what the “meat of the coconut” in a case, quickly easily and in a short period of time.
A brief contains three parts, a short statement of the facts, the decision and the reasons for the decision.

a short statement of the facts
The first thing to put in the brief is a short statement of the facts, answer the questions Who, What, Why, When and How. Think of yourself as a reporter trying to get “just the facts mam, just the facts”. 1. Who sued who? Who was the Plaintiff? Who was the defendant? Were their multiple parties? Who was the judge? 2. What were they arguing about? Money? Property? A legal issue? What Court were they in? 3. Why are the facts important to the case? What seem to be the most significant facts? 4. When did the case occur? If a case is very old it may no longer be current law. 5. How did the events unfold, who did what to who?
In some cases will be easy to describe the facts, in others it will be more difficult, but determining the facts are where all cases begin, our system is fact based.

The Holding of the Court
Also known as the “Decision and Remedy.” What did the Court decide? Who won the case? Did the Court hold for the Plaintiff or Defendant? What was the court’s order? Did the Court order a new trial? Affirm the court below? Reverse and Render a new order? The Holding should be the shortest section of the Brief.

The Reasons for the Decision (Ratio Decidendi)
Courts will almost always give written reasons for their decisions; these reasons are also called the “Courts Opinion’. “The Court opined”. There may be concurring decisions, dissenting opinions and multiple opinions, rarely there are unanimous opinions.

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