Transcript Preparing a case brief

International legal English
Legal writing skills
Preparing a case brief
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Format useful for
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Newsletters
Legal opinions
Preparing a case brief
A.
The name of the case, the
names of the parties
Preparing a case brief
B.
Summary of facts of the case
Describe:
 the circumstances leading to the
dispute, briefly but in all necessary
detail;
 the history of the case, including the
ruling of the lower courts
 what the case was about
Preparing a case brief
C.
The legal issue(s) involved in
the case
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Identify the point of law around which
the case revolves or the legal issue it
raises.
Preparing a case brief
D.
Arguments by the parties
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State the legal analysis and
argumentation by each side.
This sometimes appears separately,
sometimes as part of the court’s
reasoning.
Preparing a case brief
E.
The reasoning of the court
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State or summarize an account of the reasons
the court gives, leading to its decision.
This section often refers to previous cases and
established principles of law, or statute.
In addition, it may deal with arguments by the
parties, stating the court’s position on those
arguments.
Preparing a case brief
F. The ruling or holding of the
court
 State the decision of the court.
 This may take the form of an
answer to the legal issue
(question) that the case raises.
Preparing a case brief
G. Comment: general legal significance
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Demonstrates the legal skill of
extracting and summarizing importance
of decision in everyday terms both for
lawyers and others.
Especially useful in newsletters
Note: same applies to analyzing and
summarizing changes in legislation.
Principles of Clear Writing
Write in the active voice.
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Passive: The regulation [receiver] was
written [verb] by the drafter [actor].
Active: The drafter [actor] wrote [verb]
the regulation [receiver].
Write in the active voice.
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The passive voice is appropriate
when the actor is unknown,
unimportant, or obvious.
This does not usually apply in
regulatory or contractual text.
Use action verbs.
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DON'T SAY
SAY
give consideration to consider
is applicable to
applies to
Use "must" instead of "shall".
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shall imposes an obligation to act,
but may be confused with prediction
of future action
will predicts future action
must imposes obligation, indicates
a necessity to act
Use "must" instead of "shall".
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should infers obligation, but not
absolute necessity
may indicates discretion to act
may not indicates a prohibition
Use the present tense
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DON'T SAY: The fine for driving
without a license shall be
EUR10.00.
SAY: The fine for driving without a
license is EUR10.00.
Write positively.
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DON'T SAY: The Government may
not appoint persons other than
those qualified by the Personnel
Management Agency.
SAY: The Governor must appoint a
person qualified by the Personnel
Management Agency.
Write positively.
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DON'T SAY did not remember
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SAY forgot
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DON'T SAY failed to comply with
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SAY violated
Avoid use of exceptions
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DON'T SAY: All persons except
those 18 years or older must...
SAY: Each person under 18 years
of age must...
Be consistent.
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DON'T SAY: Each motor vehicle owner
must register his or her car with the
Automobile Division of the City Police
Department.
SAY: Each automobile owner must
register his or her automobile with the
Automobile Division of the City Police
Department.
Prefer simple words
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DON'T SAY substantial portion
SAY large part
DON'T SAY afforded an opportunity
SAY allow
Omit needless words
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DON'T SAY call your attention to
the fact that
SAY remind you
DON'T SAY for the period of
SAY for
DON'T SAY the question as to
whether
SAY whether
Avoid redundancies
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any and all
authorize and direct
full and complete
Use concrete words
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DON'T SAY vehicles
IF YOU MEAN automobiles
Write short sentences.
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Readable sentences are simple,
active, affirmative, and
declarative.
The more a sentence deviates from
this structure, the harder the
sentence is to understand
Solutions
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State one thing and only one thing
in each sentence.
Divide long sentences into two or
three short sentences.
Solutions
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Remove all unnecessary words.
Strive for a simple sentence with a
subject and verb. Eliminate
unnecessary modifiers.
If only one or two simple conditions
must be met before a rule applies,
state the conditions first and then
state the rule.
Solutions
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If two or more complex conditions
must be met before a rule applies,
state the rule first and then state
the conditions.
If several conditions or subordinate
provisions must be met before a
rule applies, use a list.
Use short paragraphs