How to Brief a Case
What is a case brief?
A case brief is a condensed, concise outline-form summary of a court opinion. It is referred to as a brief because it is
brief. Case outlines should be no longer than one page and should contain the key elements of a court case. Follow
“IRAC” Issue; Rule; Analysis /Application; Conclusion
IRAC CASE BRIEF FORMAT
1. Facts of the case –
a. Name of the case and date of decision; names of the parties; what happened factually (Not all facts are
important. Make sure you are noting the facts of the case that the Court will use to come to its decision.);
what happened procedurally (What court authored the opinion: The United States Supreme Court? The
Oklahoma Court of Appeals? The Tenth Circuit Court of Appeals? If a trial court issued the decision, is it
based on a trial, or motion for summary judgment, etc.? If an appellate court issued the decision, how did
the lower courts decide the case; judgment (the factual determination by the court, in favor of one party,
such as affirmed, reversed, or remanded).
2. Issue(s) – the particular legal issue that is at question in the case.
a. There is usually one main issue at dispute. Relevant issue or issues, and corresponding conclusions, are
the ones for which the court made a final decision and which are binding. The court may discuss
intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future
courts. This is what will hold as precedent.
3. Rule of Law and Analysis (the Application of the rule of law to the facts of the case)
a. The specific rule of law that is applicable to the case
b. Everything that the court discussed may not be relevant to the rationale of the decision. This should be
the basic reasoning that the court used to come to its conclusion and the key factors that made its decision
favor one side or another.
4. Conclusion/Holding –
a. State the answer in a word or two, such as “yes” or “no.” Then in a sentence or two, state the legal
principle on which the court relied to reach that conclusion.
As you read a case for the first time, make notes in pencil in the margins. This will allow you to quickly be brought back
to the important parts of a case during a second and third read. It will also allow you to erase your notes of things that
may have seemed important at first, but you are later able to determine are dicta. Learning to read a case this way will
make case briefing easier.
At the end of your brief, you may want to include a fifth element, or Notes/Comments section. This should include other
elements of a case that aid in your understanding of the case. These are:
1. Dicta – the judge’s commentary about the decision that was not the basis for the decision
2. Dissent – this is a judicial opinion that disagrees with the majority
3. Party’s Arguments – each party’s argument concerning the ultimate issue
4. Comments – your personal comments and notes about the case
