> For the complete documentation index, see [llms.txt](https://jennyrice.gitbook.io/wrd-418-legal-writing/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://jennyrice.gitbook.io/wrd-418-legal-writing/chapter-4-analyzing-legal-issues/briefing-cases.md).

# Briefing cases

## <mark style="color:blue;">1.</mark> <mark style="color:blue;"></mark><mark style="color:blue;">**What is a case brief?**</mark>

As opposed to “briefs” (legal argumentation supported by citations and evidence) filed with a court, a **case brief** is for your own use. A case brief is a systematic, thorough way of taking notes on an appellate opinion. A case brief provides you with the fuel to understand, analyze, synthesize, and work with case law.

Creating a case brief allows you to take the information you learned when you read the case and then work with it to use your own words to explain what happened and why.&#x20;

To be an effective legal writer and to help clients with legal problems, you must learn how to write and use case briefs. If you go to law school, you will start learning about case briefs immediately.

## <mark style="color:blue;">2.</mark> <mark style="color:blue;"></mark><mark style="color:blue;">**Case brief formats**</mark>

There are probably as many formats for case briefs as there are legal writing professors, with different sections and preferences, but they all do essentially the same things. In this class, we will use CREAC to organize our briefs.&#x20;

The format for your briefs will include the following:

* **Case Citation:**\
  Provide the full citation of the case (e.g., *Patterson v. Thunder Pass, Inc.*, 214 Ariz. 435 (App. 2007)). This tells the reader exactly which case you are analyzing.
* **Legal Issue Before the Court:**\
  State the central legal question the court is deciding. Keep it concise and specific. It should be written as a YES/NO question that answers whether the law applies in a particular way to the facts of the case. For example, “Is the liquor licensee liable for injuries caused by an obviously intoxicated patron?”
* **Conclusion:**\
  Give the court’s answer to the legal issue. This is a short statement of the holding.
* **Legal Rule(s):**\
  Identify the governing law or laws that the court applied. This can include statutes, regulations, or precedent.
* **Explanation:**\
  Describe what the rule means and how it works. Include interpretations from prior cases or relevant details that clarify the rule.
* **Application:**\
  Show how the court applied the rule to the facts of the case. Explain the reasoning step by step.
* **Conclusion (Restated):**\
  Summarize the court’s final decision after applying the rule to the facts. Reinforce the logical outcome of the analysis.

***

<i class="fa-down-left-and-up-right-to-center">:down-left-and-up-right-to-center:</i> You'll see from examples that case briefs are *brief--*&#x75;sually a page or less. They need to have as much relevant information as possible while still being condensed enough that you can easily read them without getting bogged down. &#x20;

{% hint style="success" %}
**Example Case Brief**

**Case Citation:**\
\&#xNAN;*Patterson v. Thunder Pass, Inc.*, 214 Ariz. 435 (App. 2007)

**Legal Issue Before the Court:**\
Is a bar liable for injuries caused by a patron who was obviously intoxicated if the bar served alcohol to that patron?

**Conclusion:**\
No, the bar is not liable.

**Legal Rule(s):**\
A liquor licensee must exercise reasonable care when serving alcohol to obviously intoxicated patrons. Liability arises only if the licensee fails to take reasonable steps to prevent harm. A.R.S. § 4-311; *Patterson v. Thunder Pass, Inc.*, 214 Ariz. 435 (App. 2007).

**Explanation:**\
The rule requires bars and clubs to monitor patrons and take steps to prevent harm. Serving alcohol to an obviously intoxicated patron does not automatically create liability if the licensee acts responsibly, such as arranging safe transportation. In *Patterson*, the court emphasized that fulfilling this duty protects the licensee from liability.

**Application:**\
In *Patterson*, the bar served alcohol to a patron who became intoxicated. However, employees took her keys, arranged a ride home, and ensured she reached her residence safely. Because the bar took these reasonable steps, it met its duty of care, and no liability arose.

**Conclusion (Restated):**\
Because the bar took reasonable steps to prevent harm, it is not liable for the patron’s actions, and the court affirmed the decision in favor of the bar.
{% endhint %}