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A good case brief will reduce a piece of case law into a manageable, limited
number of parts which allow you both to pull out the essential ingredients of a case
at a glance, as well as providing a concise set of notes from which to prepare for
an examination. What follows is a template for a case brief. Most cases will
contain the elements listed and described in the template, and thus this format
should be helpful in dealing with most cases you are assigned.
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1. Name of Case & Citation: Give the case name, and a reference to where
you obtained the case report, i.e., [1998] 1 S.C.R. 1128.
2. Type and Level of Case: Record the Court where the case is heard, i.e.,
3. Facts: Using full sentences (essay-style), outline the facts of the case only as
they relate to the issue(s) of importance in the case you are briefing.
4. I ssue(s) on Appeal: Describe the main issue(s) before the court (those that
are at the heart of the case). You can usually find the issues by looking for
5. Judgement: You need to identify the judge writing the decision (and those
concurring - agreeing - if noted) and specify the actual decision. The
judgement will outline why a particular decision has been made, and the
decision itself is usually found at the end of the judgement.
6. Dissenting Judgement: If there were judges who disagreed with the
decision of the majority; you should also outline briefly the nature of the
dissent, as a dissenting position at the level of the Supreme Court can be
important!