LAW4024

Case Brief Guidelines

Credit and Collection Procedures

Case Brief Guidelines

Below are the guidelines for preparing a case brief. Please note, although there are similarities
between a case brief and memo of law, it is VERY important to know which one is used when.
F – Facts
I – Issues
L – Law
A – Application of Law
R – Results

1. Citation
1. Name of the case
2. Location of the case
3. Level and jurisdiction of the court that decided the case
2. Procedural History
1. This is a summary of how the case arrived to the courts (ie trial or appeal)
2. Who started the action and why
3. Was the case heard in another court
4. If it is an appeal, give details on who the judgement was favoured to and who
appealed and why
3. Facts
1. Events
2. Statements
3. The facts that are MATERIAL TO THE CASE
4. Issue

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 LAW4024
Case Brief Guidelines
Credit and Collection Procedures

1. Legal questions the judge will answer in order to come to a decision

5. The Decision
1. Final result
2. Must be clear where the parties stand as a result of the decision
3. One to two lines should be sufficient
6. Reasons for the Decision (Application of Law)
1. This is often the longest section of the brief
2. Gives a step by step analysis of the different factors the judge considered
1. Reasoning process
2. Interpretations of law
3. Legal rules
4. Legal maxims
7. Ratio (Ratio Decidendi)
1. Most critical part of the case
2. It identified the deciding factors that have determined the final decision
3. The ratio reveals the law that the case stands for/represents and it is the binding part
of the case
8. Commentary
1. If more than one judge, explain the dissenting opinions
2. Personal views of the judge(s), not yours
9. List of Authorities
1. Cite the sources you used
2. Pick one style and use it throughout the whole document

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