A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM | Page 2

way a judge chooses to characterize and “edit” the facts often
determines which way he or she will vote and, as a result, which rule
of law will be applied.
The fact section of a good student brief will include the following
elements:
· A one-sentence description of the nature of the case, to serve as
an introduction.
· A summary of the complaint (in a civil case) or the indictment (in
a criminal case—although we won‟t be reading very many of these)
plus relevant evidence and arguments presented in court to explain
who did what to whom and why the case was thought to involve
illegal
conduct.
· A summary of actions taken by the lower courts, for example:
defendant convicted; conviction upheld by appellate court; Supreme
Court granted certiorari.
3. Issues
The issues or questions of law raised by the facts peculiar to the case
are often stated explicitly by the court. Again, watch out for the
occasional judge who misstates the questions raised by the lower
court‟s opinion, by the parties on appeal, or by the nature of the case.
Constitutional cases frequently involve multiple issues, some of
interest only to litigants and lawyers, others of broader and enduring
significance to citizens and officials alike. Focus on the latter.
With rare exceptions, the outcome of an appellate case will turn on
the meaning of a provision of the Constitution, a law, or a judicial
doctrine. Capture that provision or debated point in your restatement
of the issue. Set it off with quotation marks.
When noting issues, it may help to phrase them in terms of questions
that can be answered with a precise “yes” or “no.”