Reading and Briefing a Case

This guide to reading, briefing and citing cases will enable you to summarize your assigned cases, and create a resource for the class as you share your briefs with each other. Please try to keep the summary (word processed) to two pages, using this outline.

Identify and describe

Parties
- plaintiff/defendant
- appellant/appellee
Facts of importance, setting the stage for litigation
Procedural history/posture of the case (dismissed/affirmed/reversed in lower courts)
Issue -- the key contention or controversy to be resolved by the court
Arguments of each side. These are typical legal arguments used in arguing a case:
- Statutory Text:
  - Formal: Text and Structure
  - Intention
  - Legislative History
- Precedent; ie. Case law (binding / persuasive value -- focus on key ones)
- Historical; ie. Customs
- Policy
Holding -- the specific decision of the court on the issue
Rationale of the Majority Opinion, and Rules applied by the court; ie. the application of precedent
Dissenting or Concurring Opinions if important
Dicta -- important commentary of the court
Disposition of the case -- directions of court to parties
Significance of the case -- Importance, meaning
Citation. Using the format below include a proper citation of the case at the top of the page.

see below for citation notes

Citing Cases / Identifying Reporters

This is a generalized scheme, which should help you identify most of the cases that you encounter in this course. Case names should be italicized or underlined.

1. Federal Courts

a. Supreme Court

Official reporter: United States Reporter
e.g.: TVA v. Hill, 437 U.S. 153 (1978).

Unofficial Reporters (2):

1. Supreme Court Reporter, by West Publ. Co. ( use S.Ct. in the cite)
2. United States Supreme Court Reports, Lawyer's Edition, by Lawyer's Cooperative Publ. Co. (use L.Ed. in the cite)

b. Federal Courts of Appeal

Federal Cases is the official reporter.
e.g.: Federal Lands Legal Found. v. United States Forest Service, 13 F.3d 405 (10th Cir. 1993).

c. Federal District Courts

Federal Supplement is the official reporter.
e.g.: McKinley v. United States, 828 F. Supp. 888 (D.N.M. 1993)

2. State Supreme Court

a. Official reporter

Kansas Reports (usually an abbreviation of the state name identifies it)
e.g.: State of Kansas, ex. rel., Meek v. Hayes, 246 Kan. 99 (1990).

b. Unofficial reporter

West's National Reporter System, The Pacific Reporter covers the eleven western states plus Kansas, Oklahoma, and Alaska
e.g.: Siler v. Dreyer, 183 Kan. 419, 327 P.2d 1031 (1958).

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