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Procedure • Facts • Issue • Rule • Application/Analysis • Conclusion/Holding
Procedure Section
__ I included the court and year of decision.
__ I identified the parties by
o name,
o relationship to each other (e.g., buyer/seller),
o legal status at the trial level (e.g., plaintiff, defendant),
o legal status on appeal (e.g., appellant, respondent).
__ I identified the claims and remedies:
o plaintiff’s cause of action (e.g., ejectment, breach of contract),
o the remedy sought (e.g., specific performance, damages),
o the defendant’s defense or counterclaim (e.g., unilateral mistake).
__ I summarized the proceedings in the lower court(s):
o type of court (e.g., magistrate, district court),
o phase of proceeding (e.g., 12b6, summary judgment),
o decision-maker if case went to trial (judge or jury),
o trial court judgment and remedy awarded.
__ I identified the source of the appeal (e.g., erroneous jury instructions).
__ I identified this court’s disposition (e.g., affirmed, reversed).
Facts Section
__ I wrote the facts in my own words rather than quoting the court.
__ I wrote down all facts necessary to understand the story and issue.
__ I wrote down all facts that if changed would change the result of the case.
__ I wrote down no more facts than necessary to understand the story and
issue.
__ I included only facts germane to the dispute, not procedural facts.
__ The facts I wrote were completely accurate.
Issue Section
__ I wrote the issue in my own words rather than quoting the court.
__ I asked how the rule related to the facts by referring to
o the specific facts,
o the general rule (e.g., “adverse possession”),
o the specific element or language at issue (e.g., “continuous occupation”).
__ I reflected the issue on appeal rather than the issue at trial.
__ I did not include “did the trial court err” or similar procedural material.
__ I did not ask solely about a factual conclusion.
__ I did not ask solely about a legal conclusion (e.g., grant of summary
judgment).
Rule Section
__ I wrote the rule in my own words rather than quoting the court.
__ My rule statement reflected the reason the case was in the casebook.
__ I stated the pre-existing rule of law or definition the court used.
__ I included the “big-picture” rule (e.g., “Adverse Possession requires . . . “).
__ I included the rule governing the specific element (e.g., “Hostile is . . .”).
__ I did not refer to the facts of the case.
__ I did not refer to the procedure of the case
__ I did not use procedural law (e.g., sufficiency of the evidence).
Application / Analysis Section
__ I summarized the analysis in my own words rather than quoting the court.
__ I showed how the court reasoned in coming to its decision.
__ I showed how the court applied the pre-existing rule to the facts.
__ I referred to the specific facts the court used in coming to its decision.
__ I summarized the policy reasons underlying the decision.
__ I specifically identified the basis of the court’s decision (e.g., precedent,
statutory language, need for decision on the facts, logic, utility, fairness,
public policy).
Conclusion / Holding Section
__ I wrote the holding in my own words rather than quoting the court.
__ I answered the question posed in the issue.
__ I referred to
o the specific facts,
o the general rule,
o the specific element or language at issue,
o the reason the court came to the conclusion.
__ I did not refer to a solely legal conclusion (e.g., grant of summary judgment).
__ I did not include the procedural result (e.g., reversed, affirmed).
__ I did not include “The trial court erred” or similar procedural material.
General Format
__ I used abbreviations where appropriate.
__ I used legal terminology appropriately.
__ I correctly stated the facts, issues, rules, application, and holding.
__ The brief is logical and organized.
__ The brief is concise.
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