如何写ca brief~早看了这个上课就不至于那么迷茫了 555~~
ca brief writing 在英美法的学习中可谓是最常用的基本功了，由于面对的经常是洋洋洒洒的万言判决书，如何抓住ca的重点，比如案件事实（facts）、争议点(issues)、法院认定(holding)、推理过程或者判决理由（reasoning），一个简明扼要的ca brief 就非常重要了。那怎如何写呢？总结起来差不多有这样几种：
一、FPIHRC写法（如下所述）
Title (e.g. Roe v. Wade)
Citation (e.g. 410 U.S. 113 (1973))
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Facts: Summarize the facts of the ca. List only the esntial facts that you need to understand the holding and reasoning of the ca.
Procedure: Most of the cas that you'll read in law school will be appellate court decisions. In this ction, you want to list what happened in the lower court(s). Do not go into too much detail. One or two ntences are sufficient for this ction.
Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.
Holding: How did the court answer the issue question(s)? YES/NO?
Reasoning: This is the most important ction of your ca brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this ction. List what the law was before this ca was decided and how the law has cha
nged after this decision. Law professors love to discuss the reasoning of a ca in class discussions.
Concurring/disnting opinions: Even though I read the concurring and disnting opinions, I rarely brief them. However, there are some cas (e.g. Youngstown Sheet & Tube Co. v. Sawyer) where the concurring or disnting opinions end up becoming more important than the majority's opinions. In such cas, you should add this ction to your ca brief.
二、FIHRQ写法（注意：下面第一条的citation是每个ca brief都必须要有的，另外还应当包含the ca's title）
I. CITATION
From what specific source is the ca taken?
For example, was the ca reported in the U.S. Supreme Court Reports?
II. THE FACTS
A. Material
· What materially happened?
· Was there, for example, a collision on the high as? A dispute over territory?
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B. Legal
· From what legal circumstances did the ca originate?
· Did two states agree, for example, to submit their dispute to an arbitral tribunal? Was an opinion sought from the I.C.J.?
III. LEGAL ISSUES
A. Specific
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· What specific legal questions does this ca rai?
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· For example, does the proximity of Ruritania to Zombie Island give Ruritania a legal basis for making a territorial claim for Zombie Island?
B. General
· What more general legal questions does this ca rai?
· For example, is "proximity" a legitimate basis under international law for making a territorial claim for an island?
IV. THE HOLDING
· What decision was made? That is, in support of which side did the court hold?
· For example, in Missouri v. Holland, did the court decide in favor of "Missouri" or "Holland?"
V. LEGAL RATIONALE
· What legal reasoning informed the court's decision?
· What rules of law, for example, did it apply?
· How did it interpret legal principles, documents?
· How did it construe the facts?
VI. QUESTIONS
· What existing legal questions, if any, are unresolved by this ca?
· What new questions, if any, does it rai?
三、FIHR写法
四、FIRAC写法
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Writing a Ca Brief Ca briefs are documents prepared by students as a study aid when trying to capture the esnce and importance of appellate court decisions. A ca brief summarizes a court decision by outlining, at a minimum, the facts of the ca, the legal issues raid, and the rationale for the court’s decision.
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There are many ways to organize a ca brief and each structure may include and exclude items different than tho requested here. The references listed at the end of this
handout show the variation in how a ca might be briefed, but they also provide additional information to help you complete a brief. So, in addition to the items and explanations below, you should consult the references for additional clarity. For purpos of the assignment, follow the structure provided here in preparing your ca brief.
Ca Name and Roles
As you learned in the citing cas assignment, the ca name will typically show two parties. In a criminal ca the first party is invariably the government (probably state or federal) and the cond party is the defendant. However, a ca before an appellate court (which are the cas you will brief) may result in a switch when a defendant (now the appellant or petitioner) eks action against the state (now the appellee or respondent). See Ferdico (p. viii) for a review of determining who’s who in a ca name.
So, in addition to providing the proper ca citation, this ction of the brief will also specify the role of each party.
