How to Read and Brief Cases

Part of my free law school resources.

Reading and briefing cases is most of your 1L workload. This is the method I used at UVic Law to get through readings faster and end up with briefs that are actually useful at exam time. It covers how to read a case, when a full brief is worth the effort, and how to save time with book briefing.

Objectives for Reading Cases

Navigating law school involves juggling multiple tasks like outlining, memorizing laws, preparing for class, and taking practice exams. Given these demands, you can’t afford to spend all your time reading and briefing cases. The key is to strike a balance: knowing when to delve deep into a case and when to skim for essentials.

When reading cases, aim to:

• Identify the key facts.
• Pin down the legal issue the court had to decide.
• Find the holding and the ratio (the legal rule the case stands for).
• Understand the court’s reasoning.
• See how the case fits into the course and the cases around it.

Achieving these objectives prepares you for class without requiring you to memorize every detail, which is rarely tested.

Pre-Reading Steps

Before you start a case, understand its context. A quick glance at your casebook’s table of contents or your professor’s syllabus will reveal the case’s role in the broader legal landscape.

Utilizing Case Briefs

Case briefs are concise summaries of a case’s key elements: the facts, the issue, the holding, and the court’s reasoning.

Reading a case brief can significantly reduce your reading time while enhancing your understanding. While some students skip the actual case after reading a brief, it’s advisable to read both.

Quick Case Reading Tips

1. Read cases close to the class date:

Reading cases too far in advance may lead to forgetfulness.

2. Book Briefing:

This efficient method involves annotating your casebook with key points.

3. Be Patient:

Learning legal language takes time.

4. Time Management:

Allocate specific time slots for reading cases to ensure a balanced study schedule.

The Art of Case Briefing

Case briefing is a skill that helps you dissect a judgment. While it’s not advisable to write full briefs for every case, knowing how to create one is beneficial. A brief usually includes:

• Case Name and Citation: See my guide to citations.
• Facts: Summarize the essential facts.
• Procedural History: Optional but useful.
• Issue: Frame it as a yes-or-no question.
• Holding: Answer to the issue.
• Rule of Law: The legal principle used (often called the ratio).
• Rationale: The court’s reasoning.
• Dissent/Concurrence: Summarize if present.

When to Brief a Case

Full case briefs are most useful:

• At the semester’s start to get a grip on reading cases.
• In specific classes where you need more detailed preparation.

Book Briefing: A Time-Saver

Book briefing involves heavy annotation in your casebook. Label or highlight key sections like “FACTS” or “RULE” in the margin of the page (or use a sticky-note) to quickly identify them during class or study sessions. You can also use a highlighter method: colour-code the issue, rule, holding, etc. with a different colour for each part of the text. This method is less time-consuming and still effective as a reminder, though not as detailed as a full case brief.