Marbury v. Madison Case Brief

HOW TO BRIEF A CASE

Although all cases are briefed using a similar format, there is some flexibility in how to present your case brief. The main objective is to get all of the information that is pertinent to the legal analysis of this case in the brief, so that the reader can have access to that information for the purpose of using the case strategically.

Here is an outline as to how one goes about briefing a case:
1. Read the case from beginning to end.
2. Record the name of the case.
3. Record the case citation. A proper format for a case citation is volume number, reporter number, page number, then the court and year the case was heard (the latter two are usually in parentheses). So a case citation would look like this:
4. Curly v. Larry, 256 So.2d 185 (Fla. 1st DCA 1982)
5. Curly v. Larry is the case name and represents the parties to the case. Usually the first name is the plaintiff and the second name is the defendant, although this occasionally changes depending on the level of appeal. “256” is the volume number of the book where the case is reported (called a “reporter”). “So.2d” is short for “Southern Reporter Second Series” and is a type of regional reporter that Florida cases are reported in. “185” is the page on which the case would be found. The “1st DCA” is short for “District Court of Appeal for the First District.”
6. Note the legal theories of the parties. Who is suing whom, and why? Who is being criminally charged or convicted, and why?
7. Note the facts of the case. “Just the facts,” as they say. Try very hard not to get these confused with the procedure or other aspects of the case. Just include the “who, what, when, and where” here.
8. Note the legal procedure. Legal procedure is a term used to describe how a case progresses through the courts. For example, Curly sued Larry for battery, Larry lost and now Larry appeals. Keep this part strictly about the technical path by which the case is progressing through the court.
9. Do an analysis of the case. In this section, you will describe what legal theories were applied the factual problems involved in the case in order to resolve those problems.
10. Note the disposition of the case (e.g., reversed, remanded, overruled, etc.)
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