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< /p>

（

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

< br>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