Case Briefs
what is needed for a case brief?
Case Name, Facts , Issue, Rule, Rationale, Procedural History
ALL OF THEM!!!!!
HEHEHEHE
Is this an issue?
Is there a valid contract?
What is a Memo?
A case memo (legal memorandum) is used to analyze a legal issue and explain the answer clearly using the law.
This case ruled that burning the American flag is protected speech under the First Amendment.
Texas v. Johnson
Who is involved in a court trial?
Judge Jury Attorneys Witnesses Defendant/Plaintiff
What is a case brief used for?
(multiple answers)
summary of a case and breaking down judicial opinion?
What is legal authority?
statutory rights, regulations, and court rulings
True or False?
You don't need legal authority to support your claim in a memo?
False
This case established that evidence obtained illegally cannot be used in court (exclusionary rule applied to states).
Mapp v. Ohio
What is an Objection?
Challenges a question, answer, or evidence
What does issue mean in a case brief?
The issue in a case brief is the central legal question the court must resolve to decide a case.
Can be answered as yes or no
what is the difference between IRAC and CREAC?
IRAC - Issue, Rule, Application, Conclusion
CREAC - Conclusion, Rule, Explanation/Evidence, Application, and Conclusion
what are the components of a memo?
Heading, Question Presented, Brief Answer, Facts, Discussion (IRAC), Conclusion
This case established the power of judicial review in the United States.
Madbury v. Madison
What is a judges role w objections
Sustain → objection is correct
Overrule → objection is denied
What is the difference between rule and application?
Rule - Law applied: Statute, precedent, or principle
Application - Court’s reasoning: How rule applies to facts
Application Quiz:
Miranda v. Arizona: This case established that police must inform suspects of their rights (the “Miranda rights”) before custodial interrogation.
1. A suspect is arrested, and before questioning, the police say: “You have the right to remain silent. Anything you say can be used against you…”The suspect then confesses.
2. A suspect is arrested and questioned without being told their rights, and they confess. The prosecution tries to use the confession in court.
A suspect is arrested, and before questioning, the police say: “You have the right to remain silent. Anything you say can be used against you…”The suspect then confesses.
The confession is admissible in court because the police followed the rule from Miranda v. Arizona.
What is something important for a memo? (multiple answers)
staying objective
not putting your opinion
being as detailed as possible
making sure all components are there
This case ruled that “separate but equal” schools are unconstitutional.
Brown v. Board of Education
What type of objection is this?
You saw the defendant run away from the scene, didn’t you?
Leading
Be concise
Use your own words
Focus on reasoning
what part of IRAC or CREAC does this fall under? (2 answers)
The Court applied the “totality of the circumstances” test from Terry v. Ohio. They concluded that flight + high-crime area = reasonable suspicion.
Because the stop was lawful, the frisk was also lawful, and the gun found on Wardlow was admissible in court.
The Court’s reasoning focused on two key factors:
Unprovoked flight: The Court said that running away from police is not just casual behavior—it can suggest that a person is trying to evade law enforcement.
High-crime area: While being in such an area alone isn’t enough, it adds context that can make suspicious behavior more meaningful.
Analysis or Application
Would you use a legal memo in law school or in the real world?
Both
Law School - most likely could be asked to write a memo or draft what you would say to a client?
Real World - used to advise clients and junior associates use it to prepare cases for senior partners
This case required police to inform suspects of their rights before interrogation.
Miranda v. Arizona
what is trial strategy?
type of story telling
- presenting facts clearly
- Organizing evidence effectively
- Anticipating opposing arguments