case brief writing 在英美法的学习中可谓是最常用的基本功了

case brief writing 在英美法的学习中可谓是最常用的基本功了，由于面对的经常是洋洋洒洒的万言判决书，如何抓住case的重点，比如案件事实（facts）、争议点(issues)、法院认定(holding)、推理过程或者判决理由（reasoning），一个简明扼要的case brief 就非常重要了。那怎如何写呢？总结起来差不多有这样几种：

1Title (e.g. Brown v. Board of Education of Topeka)

2 Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.

3 Procedure: Most of the cases that you'll read in law school will be appellate court decisions. In this section, you want to list what happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section.

4 Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.

5 Holding: How did the court answer the issue question(s)? YES/NO?

6 Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this section. List what the law was before this case was decided and how the law has changed after this decision. Law professors love to discuss the reasoning of a case in class discussions. 7 Concurring/dissenting opinions （不是必须的，要看案件有没有附随意见）

一、FPIHRC写法（如下所述） Title (e.g. Roe v. Wade)

Citation (e.g. 410 U.S. 113 (1973)) Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.

Procedure: Most of the cases that you'll read in law school will be appellate court decisions. In this section, you want to list what happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section.

Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.

Holding: How did the court answer the issue question(s)? YES/NO?

Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this section. List what the law was before this case was decided and how the law has changed after this decision. Law professors love to discuss the reasoning of a case in class discussions.

Concurring/dissenting opinions: Even though I read the concurring and dissenting opinions, I rarely brief them. However, there are some cases (e.g. Youngstown Sheet & Tube Co. v. Sawyer) where the concurring or dissenting opinions end up becoming more important than the majority's opinions. In such cases, you should add this section to your case brief.

二、FIHRQ写法（注意：下面第一条的citation是每个case brief都必须要有的，另外还应当包含the case's title）

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 \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?

· For example, in Missouri v. Holland, did the court decide in favor of \

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?

三、FIHR写法 四、FIRAC写法

Writing a Case Brief Case briefs are documents prepared by students as a study aid when trying to capture the essence and importance of appellate court decisions. A case brief summarizes a court decision by outlining, at a minimum, the facts of the case, the legal issues raised, and the rationale for the court's decision. There are many ways to organize a case brief and each structure may include and exclude items different than those requested here. The references listed at the end of this handout show the variation in how a case might be briefed, but they also provide additional information to help you complete a brief. So, in addition to the items and explanations below, you should consult the references for additional clarity. For purposes of the assignment, follow the structure provided here in preparing your case brief.

Case Name and Roles As you learned in the citing cases assignment, the case name will typically show two parties. In a criminal case the first party is invariably the government (probably state or federal) and the second party is the defendant. However, a case before an appellate court (which are the cases you will brief) may result in a switch when a defendant (now the appellant or petitioner) seeks action against the state (now the appellee or respondent). See Ferdico (p. viii) for a review of determining who's who in a case name. So, in addition to providing the proper case citation, this section of the brief will also specify the role of each party.

Procedural Background

Appellate cases have, by definition, already had a trial stage. In fact, depending on what appeal level the case now being briefed is at, it may already have been to several appellate courts. The case brief should identify the courts that have dealt with the case and indicate the decisions those courts have made. (See Ferdico's example (bottom of p. viii and top of p. ix) using Bond v. United States.) The sections of the court opinion that help identify the procedural background will also provide information for the \section above. As a warning-based on briefs provided in other classes-some students confuse the court opinion for the case now being briefed with opinions from earlier courts. This is another good reason to include the procedural background as part of a case brief since it helps you clarify how your case got to the U.S. Supreme Court (the court for all briefs in this assignment). Remember, the brief you are writing summarizes the facts, issues, holding, and rationale in the U.S. Supreme Court opinion for the case name you have