Case Briefing Guide
    Follow  the this guide as closely as possible.  Read and understand the case before you begin
    to extract these essential elements.  There are two elements of interest: decisions on jurisdiction
    and final judgments on the issue(s).  In some situations the entire case is just the decision on jurisdiction.
    When there are multiple actions and documents available for a case, focus on the final judgment.
    In some cases the issue will extend over time with multiple decisions, you will just focus on one of these
    decisions and provide the larger context (e.g., subsequent events) in the comments section. 
   Set two pages as your maximum space limit, many can be done well in a single page.

1. Name:    (Include the Court or Arbitration Tribunal Name)

2. Facts: This section will include some or possibly all of the following material,
                 depending on the case being briefed:
    a. Name of the court, commissioner, arbitrator, or other agency that rendered the
        decision, together with the date of the decision.
    b. A brief summary of the events or circumstances that gave rise to the litigation.
        Avoid details that are not salient to the decision.
    c. If heard by a lower court, include this history and the prior decisions.
    d. Also include the arguments being made by each side.
3. Question:  You should keep the following two points clearly in mind when developing the 
                         question:
    a. The question is always one posed in terms of law, presumably international law.
         It is framed within the context or subject matter of the particular section of the
         course.
    b. Your objective is to state the point at issue in the form of a brief, succinct query,
         preferably in one simple sentence.
4. Decision:    The decision of the court as to "who won" or "who lost."

5. Reasoning: A brief summary of the reasoning of the agency in deciding the case.
            The outline or summary must follow the logical progression of the
            decision, although in much briefer form.

6. Authorities Cited: Treaties, decisions of other courts, municipal statutes, writings of
            jurists and other sources are to be listed. Indicate each one clearly, (
            i.e. if a court decision, give name of case, date, name of court, and its nationality).

7. Comments:  Include any comments you have about the case (e.g.,  reasoning,
            importance of the case, subsequent events).  It is especially useful to put the case in context


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Larry Aspin    aspin at bradley.edu
Dept of Political Science
Bradley University