Case Analysis

• Analysis
  • What is the evidence
    • In a case what are the facts
  • Extrinsic evidence?
    • This means- What other factors are at play here?
      • What’s going on in society?
      • What’s going on in my life or workplace
    • What is the issue
      • What is the problem here?
    • What is the precedent
      • Has this happened before
      • Is there a rule to apply?
      • Or a law?
    • How does my evidence fit the precedent
      • If does not fit what is the logic for extension
      • Or for staying with the Status Quo
    • What is the conclusion
      • What is the “Holding” (Point) of a case
      • What is the – to your mind- ethical action

A case brief should contain the following information, in respective order:

• The facts: Generally outlined at the very beginning of the case, the facts set the stage for the overall issue of the case.

• The issue: The issue is the question that the Supreme Court is answering. It should be in question-form on your brief.

• The rule: The rule is what ultimately comes out of the case. The Supreme Court of the United States doesn’t “make laws,” per se, but their decisions become binding on all of the states because of the Supremacy Clause of the Constitution. Thus, the rule is very important.

• The holding: The holding is generally a one-sentence statement that answers the question asked by the issue of the case.

• The rationale: The rationale is the Court’s reason for making their decision. It is sometimes difficult to ascertain exactly why the Court came to their conclusion; sometimes the rationale is one sentence and other times it is one paragraph. Do the best you can.

• The disposition: Did the Court affirm the lower court’s judgment? Reverse? Reverse and remand?