HOW TO DO CASE BRIEFING

- GENERAL FORMAT FOR CASE BRIEFING - FIRAC - Facts,

Issue, Rules, Analysis and Conclusion
- In LM Assignments, we need critical analysis and not just as to how the
law has been applied in the case
- In a civil suit, one who files the case is called plaintiff and the one who
responds is called the defendant.
- In a criminal suit, one who files the case is called appellant and the one
who responds is called the respondent.
- In a criminal case, the state is an interested party. For eg. Geeta has been
raped by Thakur, so the case would be - State V. Thakur. State came first
because state filed the case. If thakur loses the case and takes his case to
a higher court, it would become - Thakur V. State. If the case goes to
another superior court, names would be reversed.

Case Brief
COMPONENTS:

1. Case Name, Citation and Bench

2. Header
3. Relevant Facts
4. Procedural History
5. Issue
6. Legal reasoning ratio
7. Holding
8. Dissenting Opinion (favourable)
9. Critical Analysis

 BODY CONSISTS OF:

1. Factual Matrix (Includes Relevant Facts & Procedural History)

2. Issues raised (Includes the Main Issue)
3. Rule (Includes Legal Reasoning - Basically what the court is applying)
4. Analysis (Includes Ratio {Court Findings} Judes Opinion, Your
opinion and obiter dictum)
5. Conclusion (1-2 liner holding)

1. Case Name, Citation and Bench:

• Case Name - Name of parties in litigation or litigants

• Citation - They tell us about Name of the court that decided the case,
Law reporter in which it is published, Year in which it is published
and The Page Number.
• Bench - There is an Author and there is a Bench. The first name that
comes while writing the bench is of the AUTHOR (the one who
writes the judgement) and then the BENCH follows. - Generally, in
a judgement, the SENIOR MOST judge heads the bench and in that
very order the name is listed however, if the AUTHOR is some other
judge then his/her name will come in the starting and then the order
of seniority will come into action. The judge who was the AUTHOR
will have his name mentioned twice. One while being the AUTHOR
and the second time when the BENCH is being written.

2. Header:
• In Bold
• Summaries the issue and the law, right after citation

3. Relevant Facts:
• Point of a summary is to briefly explain the judgement which
consists of hundreds of pages.
• Point of case brief is to summarise the whole case so as to make it
easy for the reader to understand the case.

 • Most Crucial Facts are needed. These are those facts which you need
to establish a point of law or to establish an argument. The most
important parts and the facts because of which the judges announce
the decision
• What did the court consider important in deciding the case
• Must read the whole case to understand the facts are MATERIALLY
relevant and the ones that are not

4. Procedural History:
• The way the court has progressed from trial court to high to supreme
• This does not have a separate section.
• Comes Under Facts.
• It covers all the rulings. If there were damages awarded or
injunctions in the trial court etc, you need to make a note of that.
• If case goes to SC, look at how different aspects of the verdict have
been upheld, revised etc in the appellant court.
• Facts are scattered. Make sure you capture all essential points.

5. Issue:
• Issue is where the heart of opinion lies.
• Its the legal question that needs to be answered or the question that
is brought before the court
• There are several issues brought in the matter
• Always frame the issue by saying ‘WHETHER’ or ‘THAT’
• Eg. - Whether section 377 of IPC violates article 14, 19 & 21 of
const or That section 377 of IPC violates article 14, 19 & 21 of
const.
• The holding in the opinion and the case brief is the answer to the
issue. The holding will say - THE COURT BELIEVES THAT
SECTION 377 VIOLATES ART. - - - OF CONST
• A 3-4 line, yes or no answer

 6. Law/Rules:
• For Eg in context of Sec. 377 - Laws most relevant were Art. 14, 19
& 21 of Const, Sec 377 of IPC and Epidemic Act,1897.
7. Ratio/Legal Reasoning:
• A case or an opinion has 2 kinds of legal reasoning. It is very hard to
distinguish between the RATIO and the Obiter Dictum.
• Ratio - Which becomes binding precedent or the legal reasoning
which becomes the binding precedent
• Obiter Dictum - The part of legal reasoning that doesn’t become the
binding precedent however it is very important. There are several
cases where the obiter has actually been the more crucial part of
judgement than the reasoning.
• It is the legal reasoning or rationale that the court applies to justify
their approach in using a material fact or law.
8. Holding/ Disposition:
• Decision of the case
• Answer to the issue
• Expressed or Implied
• Usually at the end of the judgement/verdict/opinion
• Usually a yes or no answer
9. Concurring & Dissenting opinion:
• Majority Opinion - An opinion joined by the majority of the judges
on that court
• Concurring Opinion - Some judges may disagree with the the
rationale adapted by the majority of the bench to explain a verdict
• Dissenting Opinion - A dissent is a separate opinion written by a
judge explaining a vote in favour of losing side.
10. Analysis (Critical)
• Evaluate the significance of the case - The impact for litigants and
society

 • Opinion on the reasoning

• Analyse the dissenting opinion and the majority opinion and explain
why you chose one over the other.
• Analyse the location of the judge concerned and whether that has a
bearing on the judgement
• Impact of the case on society and not only litigants.
Eg - Dastani V. Dastani (Contested divorce case) - SC engages on
what amounts to cruelty between spouses. The SC says you cant
have a clear understanding of cruelty between spouses, the precedent
is used in lot of other cases.
• Engage in - The process that court undertakes in decision making,
Your opinion in the legal rationale and Location of judges and if its
concerned