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Case Citation: Names of parties, the court that decided the case, the year of decision, etc.
Facts: Only state the important facts on the case, i.e., those that impact the outcome. One or two paragraphs should generally suffice to state the facts.
Issue(s): Sometimes called the question(s) presented, this portion of the brief clearly states, usually in the form of a question, the issue or issues that the
parties are asking the court to decide. Some cases only present one issue, others present multiple issues.
Procedural History: What happened with this case in the lower courts? How were the issue(s) decided by the trial court? The intermediate appellate court?
Decision(s): Sometimes also called the holding(s), this is the court’s determination of the issue(s) presented. These decisions or holdings become law. In the
case of the U.S. Supreme Court, these decisions become the law of the land.
Reasoning: Sometimes also called analysis, this portion of the brief explains how and why the court reached its decision, including a discussion of the earlier
cases that the court followed, overruled or distinguished.
Separate Opinions: Discuss any concurring or dissenting opinions, including their proposed holdings and reasoning.
Impact on Discretion: Who are the winners? Who are the losers? Who benefits from the court’s decision? Who is hurt by it? Why?
