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CHAPTER 5 How to Brief a Case
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The Bluebook Rule 5 - Quotations
Quotes of fifty or more words are blocked with no quotation marks Quotes of 49 words or less are set in quotation marks and placed in the text Periods and commas are placed inside quotation marks All other punctuation marks are placed outside quotation marks if part of the quote
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Components of a Case Brief
Name and citation of case Judicial history Facts Issue(s) Rules Analysis Decision
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Components of a Case Brief Rules
Primary sources of law carry the most weight and should the focus of research Constitutions Statutes Case Law Administrative Regulations
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Components of a Case Brief Writing
Each component should be written as a separate section and labeled with a heading A certain amount of redundancy is to be expected
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Components of a Case Brief Analysis
Separate all relevant, explanatory and legally unimportant facts Look for: Factual similarities Factual unknowns (gaps) Factual differences
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Approaching a Legal Research Project
Case briefs are only a part of most projects Be sure to understand the directions Create an outline Fill in with key words Decide on approach used Chronological By court Write one section at a time Keep notes for checking quotes and citations
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Approaching a Legal Research Project (continued)
Summarize pertinent documents Organize summary using same format as document Reflect, but don’t change document Continue to review directions Edit Grammatical errors “Voice” problems Consistence Effectiveness
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