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Chapter 14-Legal Memorandum and Case Brief

The document provides guidance on preparing a legal memorandum and case brief. It outlines the key elements to include in a legal memorandum, such as stating the relevant facts, legal issue, conclusion, and supporting reasons and authority. For a case brief, the document lists the common elements as the case name and citation, procedural history, statement of facts, issue, answer, reasoning, and holding. An example case brief format is also provided.

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Joy Krisia Mae Tablizo
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120 views6 pages

Chapter 14-Legal Memorandum and Case Brief

The document provides guidance on preparing a legal memorandum and case brief. It outlines the key elements to include in a legal memorandum, such as stating the relevant facts, legal issue, conclusion, and supporting reasons and authority. For a case brief, the document lists the common elements as the case name and citation, procedural history, statement of facts, issue, answer, reasoning, and holding. An example case brief format is also provided.

Uploaded by

Joy Krisia Mae Tablizo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Chapter 14:

Case Brief and Memorandum


7. How to Prepare a Legal Memorandum
8. How to Prepare a Case Brief
9. Case Brief Form
10. Sample Case Brief
How to Prepare a Legal Memorandum
Checklist for effective memoranda writing:
Did I put down all facts that are relevant to my legal issue as stated, and to my
legal conclusions?

Did I state the legal issue clearly?

Did I arrive at a definitive conclusion about the legal issue as applied to my facts?

Did I state clearly the reasons for my conclusion while presenting all sides of the
legal picture?

Did I support my conclusions with primary legal authority?


How to Prepare a Case Brief
The most common elements to be included in
a case brief are the following:
Case Name.
Case Citation.
All parallel citations should be included as well as
the date of the decision.

Procedural History.
This is a brief summary of the holdings of any
previous courts and the disposition of the case by
this court. It therefore describes how the case
got to this court and how the court resolves the
case.

Statement of Facts.
It contains the summary of the relevant facts of
the case.
How to Prepare a Case Brief
The most common elements to be included in
a case brief are the following:
Issue.
In most instances, courts will state the issue of
the case, but in some instances, court will not,
hence, one must formulate the question/s or
issue/s being decided by court.

Answer.
Provide the answer to the question being resolved
by the court. In addition to the yes, or no
answer, a complete sentence is used
incorporating some of the reasons.

Reasoning.
The most important part of the brief. Fully
discuss the reason by which the court reached its
decision

Holding.
Include the actual dispositon of this case, such as
affirmed, dismissed, or reversed.
Sample Case Brief

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