1.1: Case Brief Nomenclature
Case (1)
Case Cites (2)
Court: (3)
Judicial History: (4)
Facts: (5)
Issue: (6)
Holding: (7)
Reasoning: (8)
Decision: (9)
Concurrent Opinion: (10)
Dissenting Opinion: (11)
- Case . The case identifies the parties involved in the controversy.
- Case Cites. The citation shows where to find the case in various legal data bases such as case reporters, case digests, or through the use of legal research providers such as Lexis Nexis or Westlaw.
- Court. This refers to the final court authority deciding the controversy.
- Judicial History. This is the procedural judicial history of the case. It tells you which court decided what and shows how the case ended up in the final court’s authority and jurisdiction.
- Facts. Identifies the parties in the case. It also provides a summary of the legally relevant facts explaining what occurred between the parties before the case entered into the judicial system.
- Issue. This is the question or rule of law being decided by the courts. It is typically posed in a question format. The issue is derived from the facts specific to each case.
- Holding. The holding answers the question posed in the issue. It is usually answered positively or negatively, “yes” or “no.”
- Reasoning. The reasoning tells the reader why the court decided the issue the way it did. It provides the legal analysis of the legal arguments behind the case.
- Decision. The decision of the court shows how the court disposed of the case. For example, the court can decide to sustain or reverse the decision of the lower court.
- -11 . Concurrent / Dissenting Opinion. A judge hearing a case may or may not agree with the majority of judges’ decision. If so, he may write a separate concurring opinion if he agrees with the outcome of the case but for differing reasons as to why. Or, the judge may write a dissenting opinion detailing the reasons for refusing to join in the majority opinion.