how to write a legal analysis of case

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How to Write a Legal Analysis

Legal analysis is a crucial skill for anyone studying or practicing law. Whether you are a law student working on a class assignment or a lawyer preparing a legal brief, the ability to analyze legal issues and present well-reasoned arguments is essential. In this article, we will guide you through the process of writing a legal analysis, covering key steps, strategies, and tips to help you develop this important skill.

Understanding the Purpose of a Legal Analysis

Before diving into the nitty-gritty of how to write a legal analysis, it is important to understand its purpose. A legal analysis is a comprehensive examination and evaluation of legal issues, principles, and precedents related to a specific case or question. It requires careful analysis, critical thinking, and the application of legal reasoning and research skills.

The main purpose of a legal analysis is to provide an objective assessment of the legal issues involved, identify relevant legal principles, and present a well-structured and persuasive argument. The ultimate goal is to assist the reader, whether it be a judge, professor, or client, in understanding the complexities of the case and reaching a well-informed decision.

One important aspect of a legal analysis is the identification and interpretation of relevant statutes and case law. This involves conducting thorough research to locate and analyze legal authorities that are applicable to the specific legal issues at hand. By examining statutes and case law, legal analysts can determine how previous courts have interpreted and applied the law in similar situations, which can help guide their analysis and argumentation.

In addition to statutes and case law, legal analysts may also consider other legal sources such as regulations, treaties, and legal commentary. These sources can provide additional insights and perspectives on the legal issues being analyzed. By consulting a variety of legal sources, analysts can ensure that their analysis is comprehensive and well-informed.

Key Steps to Conducting a Legal Analysis

Conducting a thorough legal analysis involves several key steps. These steps provide a framework for organizing your thoughts, gathering relevant information, and constructing a well-reasoned argument.

The first step is to carefully read and understand the legal question or case at hand. This involves identifying the key issues, parties involved, relevant laws, and any relevant facts or circumstances. Take the time to analyze the specific legal question and break it down into its constituent parts.

Once you have a clear understanding of the legal question or case, the next step is to gather and analyze relevant legal information. This includes researching applicable statutes, regulations, case law, and legal principles. Use reliable legal sources such as textbooks, law journals, online databases, and reputable legal websites.

After gathering the necessary legal information, the third step is to identify the legal issues involved. This requires careful analysis of the facts, the applicable law, and how they intersect. It is important to identify the specific legal rules or principles that are relevant to the case and consider how they might apply.

Decoding and interpreting key legal principles is the fourth step in the legal analysis process. This involves understanding the legal rules or principles in question and applying them to the facts of the case. It requires careful reading and analysis of statutes, case law, and legal commentaries to determine their meaning and applicability.

Structuring your legal analysis is the fifth step. A well-structured legal analysis should have an introduction that clearly states the main issue or question, a thesis statement that indicates your position or argument, a body that presents your analysis and supporting arguments, and a conclusion that summarizes your main points and restates your thesis.

Breaking down complex legal concepts for clarity is another important step in the legal analysis process. Legal concepts can often be challenging to understand, especially for non-lawyers. It is crucial to explain legal principles, rules, and terminology in a clear and concise manner, using plain language whenever possible.

Applying legal frameworks and precedents to your analysis is the next step. This involves comparing the facts of the case at hand to similar cases or legal precedents. By referencing past decisions and legal principles, you can provide support and credibility to your arguments.

In addition to presenting your own argument, it is important to address counterarguments and alternative interpretations in your analysis. This demonstrates that you have considered multiple perspectives and strengthens your overall argument. Anticipating and addressing potential objections or opposing viewpoints shows that your analysis is comprehensive and rigorous.

To present a coherent and persuasive argument in your legal analysis, it is crucial to use clear and logical reasoning. Each paragraph should develop a single idea or point, with supporting evidence and reasoning. Use persuasive language and rhetorical devices to engage your reader and strengthen your argument.

Incorporating supporting evidence and citations is another essential aspect of writing a legal analysis. Your analysis should be grounded in legal authority, such as statutes, regulations, case law, and legal commentary. It is important to cite your sources accurately and consistently using the appropriate legal citation style.

After completing your legal analysis, the next step is to evaluate the strengths and weaknesses of your argument. This involves critically assessing the soundness of your reasoning, the relevance and sufficiency of your evidence, and the persuasiveness of your overall analysis. Consider potential counterarguments and assess how well you have addressed them in your analysis.

Finally, the last step in conducting a legal analysis is to revise and refine your work. Review your analysis for clarity, coherence, and logical flow. Make sure that your arguments are well-supported and that your analysis is free from errors or inconsistencies. Seek feedback from peers or mentors to gain additional perspectives and improve the quality of your analysis.

Tips for Writing Clear and Concise Legal Analysis

Writing a clear and concise legal analysis requires attention to detail and effective communication skills. Here are some tips to help you improve your writing:

• Use plain and concise language: Avoid using jargon or overly complex legal terminology. Use clear and straightforward language to explain legal concepts.
• Organize your thoughts: Use headings, subheadings, and paragraphs to structure your analysis and guide the reader through your arguments. This will improve readability and comprehension.
• Be precise: Clearly define your terms and concepts. Avoid ambiguity and ensure that your arguments are well-supported.
• Edit and proofread: Review your analysis carefully for errors, typos, and inconsistencies. Pay attention to grammar, punctuation, and citation formatting.
• Seek feedback: Consider sharing your analysis with a peer, professor, or mentor for feedback and constructive criticism.

Common Mistakes to Avoid in Writing a Legal Analysis

Even the most experienced legal writers can make mistakes. Here are some common pitfalls to watch out for:

• Unclear or vague arguments: Make sure your arguments are well-defined and supported by evidence. Avoid making broad or unsupported statements.
• Ignoring counterarguments: Consider alternative viewpoints and address them in your analysis. Failing to do so can weaken your overall argument.
• Failure to cite sources: Your analysis should be grounded in legal authority. Failure to cite relevant sources can undermine the credibility of your analysis.
• Writing without a clear structure: A well-structured analysis is easier to follow and understand. Ensure that your analysis has a logical flow and clear organization.
• Neglecting proofreading and editing: Errors in grammar, punctuation, and citation formatting can detract from the quality of your analysis. Take the time to carefully review and edit your work.

Enhancing the Overall Organization and Flow of Your Analysis

Organizing your legal analysis in a clear and logical manner is crucial to ensure that your arguments are effectively presented. Consider the following strategies to enhance the organization and flow of your analysis:

• Use headings and subheadings: Clearly label each section and subsection to guide the reader through your analysis.
• Use topic sentences: Begin each paragraph with a clear and concise sentence that states the main point or argument of that paragraph.
• Use transitional words and phrases: Link your ideas and paragraphs using transitional words and phrases such as “however,” “in addition,” “on the other hand,” etc.
• Create an outline: Before starting your analysis, create an outline that outlines the main sections and arguments you will make. This will help ensure a logical and coherent structure.
• Provide signposts: Use phrases such as “First,” “Secondly,” “In conclusion,” to signal to the reader the organization and progression of your analysis.

Proofreading and Editing Techniques for a Polished Legal Analysis

Proofreading and editing are essential to produce a polished and error-free legal analysis. Here are some techniques to help you in this process:

• Take a break: After completing your analysis, take a short break before proofreading. This will help you approach your work with fresh eyes.
• Read aloud: Reading your analysis aloud can help you identify errors, awkward phrasing, and inconsistencies. It can also help you gauge the flow and readability of your writing.
• Review for grammar and spelling: Pay close attention to your grammar, punctuation, and spelling. Use a spell checker and grammar checker to catch any obvious errors.
• Check your citations: Verify that your citations are accurate and consistent with the appropriate legal citation style. This includes checking for correct formatting and proper citation of sources.
• Get a second opinion: Consider asking a trusted colleague, friend, or mentor to review your analysis. They may catch errors or provide valuable feedback.

Tailoring Your Legal Analysis to Different Audiences

When writing a legal analysis, it is important to consider your audience. Different audiences may have varying levels of legal knowledge and expertise. Tailoring your analysis to the specific needs and expectations of your audience can enhance its effectiveness and impact.

If your audience is a judge or legal professional, you can assume a higher level of legal knowledge and use more technical language. In contrast, if your audience is a layperson or someone with limited legal knowledge, it may be necessary to explain legal concepts and terminology in a more accessible manner.

Remember to consider the tone and style appropriate for your audience. A formal and professional tone is generally expected when writing for judges and legal professionals. In contrast, writing for a more general audience may allow for a more conversational and engaging style.

Understanding the Importance of Ethical Considerations in Writing a Legal Analysis

When writing a legal analysis, it is crucial to consider the ethical responsibilities that come with the task. Legal writing should always be guided by honesty, integrity, and respect for the legal profession.

Ensure that your analysis accurately represents the law, legal principles, and the facts of the case. Avoid misrepresenting or distorting information to manipulate the reader’s understanding or opinion. Plagiarism is also a serious offense in the legal profession, so be sure to properly attribute sources and use accurate citation practices.

Additionally, be mindful of the potential impact of your analysis on the parties involved. Be fair, unbiased, and sensitive to the potential consequences your analysis may have on individuals and their rights.

Examples of Well-Written Legal Analyses for Reference

Studying well-written legal analyses can be a valuable learning tool. Reading examples from legal textbooks or scholarly articles can provide insight into effective legal analysis techniques, persuasive strategies, and the overall structure and organization of a legal analysis.

Consult your law school library, online legal databases, or reputable legal websites to find examples of well-written legal analyses relevant to your area of study or practice. Analyze these examples to identify the strengths and techniques used by experienced legal writers.

Resources for Further Developing Your Skills in Writing a Legal Analysis

Developing strong legal analysis skills is an ongoing process. Fortunately, there are numerous resources available to help you improve your writing and analytical skills.

Law school writing centers often provide workshops, courses, and individualized support for students looking to enhance their legal writing abilities. Take advantage of these resources to receive feedback, learn new strategies, and practice your skills.

Additionally, there are many books and online resources available that offer guidance on legal writing and analysis. Some recommended resources include:

• “Legal Writing in Plain English” by Bryan A. Garner
• “The Winning Brief” by Bryan A. Garner
• “Point Made: How to Write Like the Nation’s Top Advocates” by Ross Guberman
• “The Redbook: A Manual on Legal Style” by Bryan A. Garner

These resources can provide valuable insights into effective legal writing techniques, citation practices, and persuasive arguments.

Remember, developing strong legal analysis skills takes time and practice. Be patient with yourself and continually strive to improve. The ability to write a compelling and well-reasoned legal analysis is a valuable skill that will serve you throughout your legal career.

Take the time to develop your skills, seek feedback, and adopt a growth mindset. With consistent effort and dedication, you can become a proficient and persuasive legal writer.

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• How to Prepare for Law School
• How to brief a case
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How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials ,

Third edition (lexisnexis 2009) by michael makdisi & john makdisi.

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

• Procedural History

• Issue (and questions presented)

• Holding (and conclusions)

• Analysis (rationale)

• Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

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More Helpful Links

• The American Legal System
• How to Brief a Case
• How to Read a Casebook 101
• Top 20 Things You Need to Know About Law School
• Learn to Spot Issues Like a Lawyer
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How to Analyze Case Law

Last Updated: January 21, 2023 Fact Checked

This article was written by Jennifer Mueller, JD . Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. There are 7 references cited in this article, which can be found at the bottom of the page. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 124,619 times.

When you hear the word "law," you may assume the word refers to statutes passed by Congress and state legislatures. But a major portion of American law actually is case law – the rules appellate judges distill from their interpretation of statutes and other sources. Accordingly, much of law school is spent learning how to analyze case law. However, attending law school isn't strictly necessary to acquire this valuable skill. You can teach yourself how to analyze case law, which begins – but doesn't end – with a thorough reading of the court's written opinion.

Summarizing the Facts

• The first time you read through a case, don't worry about trying to understand it. Just read for a sense of what's happening, who the major parties are, and what they want the court to do.
• Keep in mind that legal opinions aren't written for laypeople, or even for law students or attorneys – they are written for other judges. If you don't understand something (assuming you're not an appellate court judge), there's nothing wrong with that.
• You may have to go outside the opinion itself and look at other articles about the case, and then come back to it. For example, if you're reading a case that caused quite a stir in the media when it was decided, there will no doubt be newspaper and magazine articles about it. Reading those can help you better understand the court opinion.
• Many cases have summaries that appear before the case and let you know the basics of what happened, the issue before the court, and how the court resolved that issue. The summary can be helpful, but don't use it as a substitute for an initial read-through of the case.

• To make party identification even more confusing, party names may switch sides of the "v." in the case caption depending on who appealed. For example, suppose when a case began, Sally Sunshine sued Marvin Moon. The case's caption would be "Sunshine v. Moon." The trial court found in favor of Ms. Sunshine – but Mr. Moon appealed. The caption then became "Moon v. Sunshine."
• To continue the example, suppose the appellate court found in favor of Mr. Moon, but Ms. Sunshine appealed that ruling to a higher court. Now the case's caption is "Sunshine v. Moon" again.
• Since litigants in written opinions typically are only identified by their roles – appellant and appellee, for example – their names may only be mentioned once.

• Since the procedural history determines the role of the litigants, and thus what each of them is called throughout the written opinion, understanding how the case moved through the court system – who sued whom, and who appealed – is paramount to understanding the case.
• At the same time, you don't need to go into too much detail here. You just need to understand who filed the original lawsuit (which will help you understand the facts of the case), the decision at trial, and who appealed and why.

• At the appellate level, the courts are concerned with legal issues, not questions of fact. So, for example, if you are reading a case that came about as a result of a bar fight, the factual question of whether one party assaulted the other has already been resolved.
• In many cases, the initial facts that prompted the dispute may be summarized in a sentence or two. Often, what's really important is what happened afterward.
• Keep in mind that not all judges are the best writers. While you may be tempted to believe a particular fact is important because the judge who wrote the opinion spent several paragraphs discussing it, this is not necessarily the case.
• As you read more and more cases, particularly if the cases you read are focused on a particular court, you will become familiar with the styles of individual judges. This can make it easier for you to immediately notice when the judge is focusing on facts he or she believes are central to the case's holding.

Identifying the Issue and Decision

• Essentially, you're looking for what the person who appealed the lower court's ruling wanted to happen, that didn't. To find the issue, you must figure out what that person thought the lower court did wrong, and why.
• This usually isn't about something as simple as one person believing he should have been awarded more money, or a criminal defendant not wanting to go to jail. That might be part of an appellant's personal motivation, but to have a legitimate appeal you must be able to point to some way that the lower court made a legal error.
• In many cases, the legal error isn't an obvious error. The lower court may have applied the law correctly – but the appellant is arguing that her case is different from the cases that developed the rule the lower court used, or that the lower court should have used a different rule.
• Often in Supreme Court cases, there isn't a rule that can be handed down from previous cases and applied in this case, because no court has ever decided a case like this one. In these situations, it's up to the court to figure out how to tackle this new issue, and where it fits in to the long line of American jurisprudence.

• In some cases, the issue before the court involves multiple yes/no questions, or a follow-up question that is conditional on the answer to the first.
• This usually happens when a particular factual situation present in the case has never been explored by any other court. The court must first determine whether a particular law applies to that factual situation at all before it can decide how the law applies.
• For example, suppose a baker has been fined by the local government for creating cupcakes with expletives written in icing. The court may first have to determine whether icing on cupcakes is the sort of speech or expression protected by the First Amendment, before it can reach the real issue of whether the baker's First Amendment rights have been violated.

• Some judges have a very clear, straightforward writing style, and they'll phrase the issue as a question and answer it directly. However, this isn't usually the case. In most written opinions, you should expect to dig for the question and answer, which you'll have to craft yourself.
• When more than one question is asked, sometimes the answer to the first takes care of all the others. To look at the earlier cupcake-icing example, if the court had determined that no, icing on cupcakes is not protected by the First Amendment, the second question disappears. You don't have to consider whether the baker's First Amendment rights were violated by the fine, because she didn't have any First Amendment rights in the first place.
• When the answer is qualified with a "sometimes," any conditional questions that follow likewise will have qualifications. #Note any significant dissents. In many cases, particularly at the Supreme Court level, a justice who disagrees with the majority will issue a dissent. As time passes and court interpretation evolves, a significant dissent may end up being a majority opinion later on when the court reverses or overturns an earlier decision. [12] X Research source
• There also may be concurrences, which are separate opinions written by justices who agree with the ultimate outcome of the case, but not with the reasoning the majority applied to get there. Often a concurrence can help you understand the majority's reasoning, particularly if it seemed convoluted on first read.
• Unless you understand where the case you're reading falls in the history and development of that particular area of law, you may not be able to recognize which other opinions are important until you do further research.
• If you're unsure, it's best to simply note other opinions – be they dissents or concurrences – and the key difference between them and the majority's opinion.
• Especially if you're reading a Supreme Court case, you also should note which justice authored the dissent or concurrence. As justices leave the court and are replaced, the values and judicial temperament of the majority also can change.
• A dissent from a decade ago may become a majority opinion tomorrow – often written by the same justice, now carrying the majority where he or she once held a minority view.

Understanding the Reasoning

• Make note of the case from which the rule came, although typically it's not necessary for you to go back and read the case itself to understand the rule.
• However, if a significant portion of the opinion discusses the previous case, you may want to go back and read it as well so you have a better understanding of what the court is talking about.
• In some opinions (especially those penned by judges with straightforward writing styles), the rule used by the court will follow trigger phrases such as "the rule we apply is" or "we decide this case by applying the rule from" – phrases that alert you the court is about to tell you exactly what rule they used.
• Most opinions won't be this direct, and require a closer analysis of the language to ascertain the rule the court used. Sometimes you can figure this out by working backwards. Read the court's decision, and then follow the court's train of logic in reverse until you reach the rule.

• The application of a legal precedent to the facts of a case is the heart of legal analysis. This typically is done using similes. Seldom has the exact issue been presented before – to make a decision, the court must determine that this case is like a different case, and therefore the same rule should apply.
• Keep in mind that, especially if you're analyzing a Supreme Court case, the court wouldn't have accepted that case on appeal if it didn't present a new issue that had not already been decided in an earlier case.
• For this reason, there likely won't be a precedent that is entirely on point, or a previous case with the same fact pattern in which the same issue was raised and decided.
• Rather, the court must compare cases to find a rule that applies closely and is based on a similar situation that is analogous to the dispute presented.

• Sometimes the easiest way to locate the court's pivotal fact or facts is to consider what would have happened if they'd chosen to focus on a different fact.
• For example, if the court in the case of the beleaguered baker had decided to focus on the fact that cupcakes are food, and food has never been protected under the First Amendment, it might have arrived at a different decision than it did. Because the court focused instead on the fact that the baker wrote words with icing, just as writers write words in ink, and concluded that written words inarguably enjoy First Amendment protection.
• Although many other facts may be relevant, or important to some other aspect of the case, those aren't the facts that made the court rule the way it did.

• No court case exists in isolation. Once a court issues a decision, the legal interpretation and rules it establishes become part of the larger body of law devoted to that particular issue. Each opinion helps future courts understand more about the statute or constitutional provision at the heart of the case.
• You don't have to wait for future courts to apply the rule you've just learned to other cases, however. Take the facts in the original case and twist them slightly, then apply the rule yourself.
• Law professors call these imaginary cases "hypotheticals," and spend a good portion of class churning them out and asking their students to apply the rule they've learned to sometimes bizarre and convoluted stories.

Expert Q&A

You might also like.

• ↑ https://www.gareth-evans.com/how-to-read-understand-and-summarise-legal-cases/
• ↑ http://www.lexisnexis.com/en-us/lawschool/pre-law/reading-a-casebook.page
• ↑ https://www.monash.edu/learnhq/write-like-a-pro/annotated-assessment-samples/law/law-case-note
• ↑ https://utas.libguides.com/legal_research/caselaw
• ↑ http://www.cengage.com/resource_uploads/downloads/0324654553_91282.pdf
• ↑ https://lawschool.westlaw.com/marketing/display/SG/3
• ↑ http://www.csun.edu/~kkd61657/brief.pdf

About This Article

Case law refers to the decisions appellate judges make from their interpretations of former cases. To analyze specific case law, you’ll need to read the case through and try to get a feel for how the court made their decision. It can be pretty complex when you’re first reading a case, so jot down the main parties, the main dispute, and a brief history of the case to help yourself keep track. Once you understand the case, try to identify the legal rules the court used to make their decision. It’s also helpful to imagine different scenarios where the rule the case established could be applied, and whether or not the outcome would be the same. To learn how to focus on the most important facts of a case, read more from our Legal co-author! Did this summary help you? Yes No

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Writing Effective Legal Case Briefs for Law Students

How to write a case brief, complete with examples.

tl;dr - Case briefs help your understanding of legal concepts and enable you to better prepare for exams. Here are some example case briefs .

As a new law student, one of the essential skills you need to develop is the ability to write effective legal case briefs. A case brief is a concise summary of a legal case that highlights the key issues, legal principles, and holdings of the court. Writing a good case brief can help you better understand the law, prepare for class discussions and exams, and become a more effective legal professional. In this article, we'll explore the key elements of a good legal case brief and provide some tips on how to write one effectively.

Legal case briefs are an essential tool for you as a law student, as they provide a concise and organized summary of a court case. Case brief examples serve as a means for you to understand the facts, issues, and legal principles underlying a court decision, and are crucial in helping you develop analytical and critical thinking skills.

One of the primary reasons why case briefs are important for you is that they help you understand the law in a practical and applied manner. In law school, you study legal principles and concepts in a theoretical sense. However, case briefs provide a means for you to see how these principles are applied in real-world situations. By analyzing and dissecting court decisions, you are able to gain a better understanding of how legal principles and concepts are applied in practice. For example, case brief examples of landmark cases like Marbury v. Madison or Brown v. Board of Education can help you understand the historical and legal significance of these cases.

Understand the Structure of a Legal Case Brief

Before we dive into the details of how to write a good legal case brief, it's important to understand its structure. A typical legal case brief, such as the examples of case briefs available on LSD , includes the following sections:

• Title and Citation: This section includes the name of the case, the court that decided the case, and the citation (i.e., the reference that identifies where the case is published).
• Facts: This section provides a brief summary of the key facts of the case, including who the parties are, what they did, and how the case came to court.
• Issues: This section identifies the legal issues that the court was asked to decide, and focuses on the questions that the court addressed in its decision.
• Holding: This section summarizes the court's decision on the legal issues presented in the case.
• Analysis: This section provides an explanation of the court's reasoning in arriving at its holding, including the legal principles and rules that the court relied on.

Focus on the Key Facts and Issues

When writing a case brief, it's important to focus on the key facts and legal issues presented in the case. You should avoid including unnecessary details or information that is not relevant to the legal issues. Instead, focus on the facts and issues that are essential to understanding the court's decision. This is evident in many examples of case briefs written by legal professionals.

Identify the Legal Principles and Rules

In addition to focusing on the key facts and issues, it's important to identify the legal principles and rules that the court relied on in arriving at its decision. This will help you understand the court's reasoning and the legal principles that are relevant to the case. Many examples of case briefs available online also highlight the legal principles and rules that were applied in a particular case.

Use Clear and Concise Language

A good legal case brief should be written in clear and concise language, as seen in examples of case briefs written by legal professionals. You should avoid using legal jargon or technical terms that may be difficult for a layperson to understand. Instead, use plain language that accurately conveys the meaning of the court's decision.

Be Organized and Structured

To make your case brief more effective, it's important to be organized and structured in your writing. Use headings and subheadings to separate different sections of your brief, and make sure that each section flows logically from one to the next. This is evident in many examples of case briefs available online, which are organized and structured in a clear and logical manner.

So, what’s the point?

Developing analytical and critical thinking skills.

Writing case briefs helps you develop analytical and critical thinking skills. By analyzing court decisions and identifying key facts, issues, and legal principles, you are practicing your ability to think critically and to identify relevant legal issues. Case briefs provide a practical way to develop these skills and apply them to real-world legal problems.

To further develop your analytical and critical thinking skills, you can practice writing your own case briefs. Take a recent court decision and write a brief that summarizes the key facts, issues, and legal principles involved. This will help you become more proficient at identifying relevant information and organizing it in a structured manner.

Preparing for Class and Exams

In addition to being a valuable tool for developing analytical skills, case briefs also help you prepare for class discussions and exams. As you read cases and write briefs, you are gaining a deeper understanding of the law and the reasoning behind court decisions. This knowledge will help you participate more effectively in class discussions and will also help you prepare for law school exams.

To get the most out of case briefs when preparing for exams, you can practice writing case briefs for cases that you studied throughout the year, or to hypotheticals from past exams. This will help you apply the analytical skills you've developed to new situations and ensure that you are able to communicate your understanding of legal principles effectively.

In conclusion, case briefs are an essential tool for law students as they provide a practical application of legal principles, help develop analytical and critical thinking skills, and aid in preparing for class discussions and exams. By studying case brief examples, practicing writing your own briefs, and developing a deep understanding of the law in context, you can become a more proficient and effective student and legal professional. For examples, check out LSD's case brief database .

Tech-focused creator of LSD.Law. I built LSD while applying to law school. I saw unequal access to knowledge and built LSD to level the playing field and help applicants make thoughtful, well-informed decisions in the application process.

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How to Write a Case Brief: Essential Skills for Law Students

Ever been in a courtroom, or watched one on TV and wondered how attorneys keep track of all those cases? Imagine trying to recall each fact, rule, or precedent at the drop of a gavel! It’s enough to make your brain whirl!

Welcome to the world of case briefs – an attorney’s secret weapon. They’re like maps guiding lawyers through the complex labyrinth that is law. Writing them well can be daunting though, right?

We’ve got you covered! You’ll soon master writing clear and concise case briefs. We’ll dissect every component from facts to conclusions while helping you avoid common pitfalls.

The best part? This isn’t just for future Atticus Finches out there; anyone looking for enhanced understanding of legal principles will find this handy too!

Ready? Court is now in session…

Jump Ahead To:

Understanding the Importance of a Case Brief

Imagine you’re a chef preparing to whip up a gourmet meal. A case brief is your recipe – it outlines the ingredients (facts), method (legal principles), and expected outcome (judgment). Without this ‘recipe’, you might miss an important step or ingredient, resulting in a less-than-stellar dish.

A case brief plays much the same role for law students and professionals alike. It’s an essential tool that helps dissect complex legal cases into manageable chunks. Think of it as your roadmap through dense legal jungles filled with precedent-setting decisions, intricate arguments, and landmark judgments. Litigators especially find them handy when they need to recall specific details from previous cases.

The Beauty of Brevity:

In law school, time is gold but so are words. You’ll be dealing with hefty textbooks and long-winded court rulings – more than enough reason why brevity becomes beautiful. A well-written case brief distills these verbose documents into their core elements: facts, procedural history, issue at hand, rule applied by the court (the holding) , rationale behind it (the reasoning) , decision reached (the judgment) , along with any concurring or dissenting opinions.

A Lifeline for Legal Eagles:

Ever heard of the phrase ‘standing on the shoulders of giants’? That’s exactly what you’re doing when you use a case brief. You’re leveraging past knowledge to build your own understanding, and perhaps even contribute something new. By analyzing how previous cases were argued and decided, budding lawyers can sharpen their critical thinking skills – an invaluable asset in this profession.

Essential Elements of a Case Brief

A well-structured case brief is like a blueprint for understanding complex legal cases. Just as architects use blueprints to visualize and construct buildings, law students and professionals use case briefs to break down intricate details of court rulings.

First off, every robust case brief begins with the case name . It’s your marker in the vast sea of legal proceedings. Identifying it correctly allows you not only to distinguish between cases but also to recall them quickly when needed.

Facts: The Foundation Stones

The facts are what make each case unique. They’re like foundation stones on which entire arguments rest. Including essential information about who did what and why can help lay this foundation strong in your mind, helping you understand how laws apply in real-world scenarios.

Procedural History: Tracing Legal Footsteps

The procedural history traces all steps taken by lower courts before reaching its current status. Think of it as tracking footprints left behind during previous stages – knowing where they lead can give valuable insight into how decisions were made along the way.

The Issue & Rule: Navigating Through Complexity

In every case lies an issue—a specific question asked within the context of these detailed facts—and corresponding rules or principles applied by courts answer this query.

Analysis & Conclusion: Drawing Lessons

The analysis discusses how courts apply rules to specific facts. The conclusion ties everything together with a clear, concise statement of who won and why.

Becoming adept at identifying these elements will help you become an expert case brief writer – because every great building starts with a well-drawn blueprint.

Steps to Writing an Effective Case Brief

To craft an effective case brief, you should begin by reading the entire court document. This lets you get a grasp on the context and details.

Dig Into The Facts

After reading, start by noting down all important facts. Identify who’s involved, what happened, and why it matters in legal terms. Make sure not to miss out on any crucial information here because this forms your foundation.

Note Down Procedural History

The next step is jotting down procedural history: where did this dispute start? Which courts heard it before reaching its current state? Remember – each stage influences how laws are interpreted.

Identify The Issue At Hand

Moving forward from there is identifying issues at hand. What specific legal question does this case pose? Get into detective mode.

This helps clarify what rule or precedent will be applied.

Catch That Rule of Law.

Your fourth task is spotting that elusive rule of law being used in the judgment process.

Analyze And Conclude:

The fifth move involves analyzing how judges apply rules identified earlier in these particular circumstances. They might interpret them differently based on various factors; see if you can pinpoint these variations.

Last but definitely not least, draw your conclusions. What is the result of this situation? How does it impact future legal scenarios?

Following these steps ensures you have a well-structured and comprehensive case brief that will be invaluable in understanding complex cases.

Tips for Writing a Clear and Concise Case Brief

Writing a clear and concise case brief is much like preparing a recipe. You need to gather all the right ingredients, follow the steps meticulously, and in the end, you have something palatable that everyone can understand.

Choose Your Words Wisely

The first step is choosing your words wisely. Avoid legal jargon when simpler language will do just as well.

Maintain Focus on Key Points

Next up – maintain focus on key points. Stick strictly with facts directly related to resolving the issue at hand in your case briefs. Avoid irrelevant details because they cloud understanding rather than enhancing it – stay focused.

Fine-Tune Your Formatting Skills

Last but not least: formatting matters too. Consider using bullet points or numbered lists where appropriate so information stands out clearly (remember our recipe analogy?).

Common Mistakes to Avoid When Writing a Case Brief

As law students, we often make mistakes while drafting our first few case briefs. But remember, errors are stepping stones to learning. Here’s a rundown of common blunders and how you can sidestep them.

Failing to Understand the Facts Fully

Sometimes, in an effort to keep things concise, important details may be overlooked or misunderstood. To prevent this from happening, understand your case thoroughly. You might find that re-reading helps uncover missed nuances.

Omitting Legal Precedents

We tend to focus on the current case at hand and forget about previous rulings that set precedents. These play a pivotal role in judicial decisions. Research past cases to strengthen your understanding and enhance your argument.

Lack of Clarity and Precision

The purpose of writing a case brief is not just for academic evaluation but also as a tool for future reference. It should therefore be clear enough for others (and future you) to get the gist quickly without needing further explanation . Make sure every sentence counts.

Relying Too Heavily on Templates or Examples

Tailor-made solutions always outshine one-size-fits-all approaches. While templates can guide you, don’t be a slave to them. Rather than conforming to an existing template, it is essential to bring out the distinctive elements and perspectives of your case.

Misplacing Focus

A common pitfall is overemphasizing less critical aspects while sidelining key issues. Always keep sight of what matters most: the legal issue at hand and how it was resolved. Writing a solid case brief isn’t just about skill – it’s an art form.

The Role of Precedent in Case Briefs

Precedents play a significant role in case briefs, acting as guiding lights for legal reasoning. But what exactly are precedents? Simply put, they are past judicial decisions used to help interpret and apply the law to new cases.

Analyzing Legal Precedence in Your Case Brief

In your case brief, analyzing the relevant precedent will involve examining prior rulings on similar issues or facts. This process lets you predict how a court might rule based on established patterns.

But remember not every old decision serves as good illumination; only those from higher courts within the same jurisdiction do so. For instance, if we consider U.S Federal Courts system hierarchy, U.S District Court rulings don’t bind Appellate Courts or the Supreme Court.

Using Precedent to Craft Strong Arguments

Beyond predicting potential outcomes, using precedent can also help build robust arguments. When a previous ruling aligns with your case, citing it can strengthen your argument. Conversely, if an unfavorable precedent exists, you might argue why it shouldn’t apply to your situation.

Understanding and effectively using precedents in case briefs isn’t just helpful; it’s essential. They give context for decisions and offer predictability in the legal process – all while lighting up that otherwise dark path of legal reasoning.

Reviewing and Revising Your Case Brief

So, you’ve written your case brief. But are you done? Not quite. Revisiting and refining your work is an essential part of the process to ensure accuracy. Ensure that your brief is a precise representation of the case by thoroughly examining it.

Meticulous Examination for Accuracy

To start with, check if all elements in your case brief template are correctly filled out. Make sure that each point, from facts to legal principles applied, lines up perfectly with what was in the actual case document.

If any discrepancies arise between your summary and the original text during this review stage, take steps to fix them right away.

Critical Evaluation for Clarity

Beyond accuracy lies clarity – does your briefing make sense not only to you but also to others who might read it?

The Power of Peer Reviews

This brings us onto peer reviews: they can be invaluable here. A fresh set of eyes often catches things we miss, after all.

Ask a fellow law student or even your professor to review your brief and provide feedback. Their perspectives can help you spot any gaps in explanation, unclear language, or legal inaccuracies.

A Continuous Process

Last but not least, remember that revising is an ongoing process – it’s rare for anything to be perfect on the first go. As you learn more about the law and develop as a lawyer, come back and revise older case briefs with fresh insights.

The Impact of a Well-Written Case Brief

A well-crafted case brief not only gives you a sense of direction and understanding, but also helps to simplify intricate legal concepts.

Imagine walking into a courtroom with an encyclopedia’s worth of knowledge condensed into easily digestible notes. It’s like having your very own toolbox, filled with precisely what you need to make compelling arguments.

A robust case brief is more than just an outline; it’s a roadmap that guides you through the labyrinthine world of law. Each section—facts, procedural history, issue, rule analysis—is not merely informative but instructive too.

Improved Legal Understanding

Diving deep into past cases lets us swim around legal precedents and understand their impact on current laws. A detailed summary allows us to examine these influences from various angles which ultimately sharpens our analytical skills and broadens our perspectives about the law itself.

In essence, preparing comprehensive case briefs isn’t simply busywork—it’s mental gymnastics for future lawyers. So don’t think twice before rolling up those sleeves because as we say at The Art of Law School: No pain (in this case reading lots.), no gain.

Frequently Asked Questions

1. What is the primary purpose of writing a case brief in law school? The primary purpose of writing a case brief is to condense and synthesize complex legal cases into a manageable format. It helps law students and professionals understand and recall key aspects of cases, such as facts, legal issues, and judgments, which is crucial for classroom discussions, exams, and legal practice.

2. What are the key components of an effective case brief? An effective case brief typically includes the case name, relevant facts, procedural history, the legal issue(s) at hand, the rule of law applied, the court’s analysis, and the final judgment or conclusion. Each component provides a structured overview of the case, making it easier to understand and remember.

3. How can a case brief help in legal studies and practice? Case briefs help in legal studies by facilitating better comprehension and recall of complex cases, improving critical thinking and analytical skills, and preparing students for class participation and exams. In legal practice, they serve as quick references to legal precedents and assist in formulating legal strategies and arguments.

4. What are common mistakes to avoid while writing a case brief? Common mistakes include missing out on crucial facts or legal issues, overly summarizing the case to the point of losing important details, failing to clearly articulate the rule of law, and not aligning the case analysis with the conclusion. Avoiding these errors ensures the brief is both accurate and useful.

5. How does technology aid in writing case briefs? Technology, particularly legal research tools and AI-powered applications, aids in writing case briefs by providing easy access to a vast database of legal cases and precedents, enabling efficient research, and offering analytical insights that can enhance the quality of case briefs.

Mastering the art of case briefing is a pivotal step in your legal education journey, and now, equipped with the right techniques and insights, it’s within your reach. These skills are more than academic necessities; they are crucial in demystifying the complexities of legal cases, helping you transition from classroom theory to real-world application seamlessly.

As you delve into each case, remember the importance of accurately capturing the case name, facts, and the ruling. These key elements form the backbone of your legal analysis, guiding you through the nuances of each case. With the strategies and tips provided, you’re well-prepared to craft briefs that are both precise and insightful. Embrace this skill as a continuous learning process, refining and honing with each brief you compose. Stay dedicated, and watch as your ability to dissect and understand complex legal scenarios reaches new heights, setting the stage for a successful legal career.

Stephen Metellus

I am a 3L law student in Washington D.C and owner of theartoflawschool.com! I started law school with a lot of hopes and expectations, and it has certainly been a wild ride from the start! My goal is writing articles that help you in navigating through law school.

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How to Write Persuasive Legal Analysis

Last Updated: January 22, 2022

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 8,747 times.

Writing persuasively in a legal setting is one of the most important skills an advocate can learn. Whether you are an attorney or you are representing yourself, your ability to convey your arguments in a convincing way is often the difference between winning and losing a case. Before you start writing your persuasive legal analysis, you need to understand the purpose of your writing, conduct legal research, and outline your main points. When you start writing, structure your paper in a way that makes all of your arguments stick out and resonate. After you write your persuasive legal analysis, be sure you revise your work in accordance with accepted techniques.

Preparing Your Legal Arguments

• When you think about the purpose of your paper, you can begin to answer questions about your writing. For example, if you know your purpose, you might be able to answer the following, "Could this paper be organized in a way that would make my client's case seem stronger to the reader?" If your audience is a trial court judge who is known for his or her reliance on precedent, you will want to put your precedential arguments up front before any policy arguments. [1] X Research source

• If you are writing to a trial court, they will most often be interested in comparing the rules, reasoning, and facts of your case to previously decided cases. Therefore, your writing should try to compare and contrast your fact pattern and law to similar cases that were decided in the past.
• An appellate court, on the other hand, is only interested in whether the trial court correctly applied the law in your case. If you are writing a brief to an appellate court, you will want to focus your attention on court rules and legal precedents. The trial court's reasoning will be important in these briefs. [3] X Research source

• The U.S. legal system operates under a series of primary laws , which are binding upon every court in that particular jurisdiction. In other words, if there is a primary law on the books in your court's jurisdiction, that court must make determinations within the parameters of that law. Primary laws include statutes, common law (judge-made law), and administrative adjudications. Each jurisdiction (e.g., each state and the federal government) will have a different set of primary laws you must follow.
• You may also choose to use secondary sources of information to supply persuasive arguments in your writing. Secondary sources are materials that explain, critique, or analyze primary laws. Secondary sources include encyclopedias, treatises, and practice guides. [4] X Research source

• For example, if you need to research the law of contract damages, start by asking yourself the simple who, what, when, where, and why questions (e.g., what is the contract about, where is the contract being executed, and why is it being signed). Next, make sure you understand the legal issues at play (e.g., what jurisdiction are you in and is it a civil or criminal case)
• Use the words you came up with to search through legal materials. If you do not have access to online legal libraries (i.e., Westlaw or Lexis), then you should try to visit a law library. Start by looking at practice guides and treatises on your subject.
• Finally, track down the primary laws you found and read them. [5] X Research source

• For example, begin your analysis by stating the issue clearly. Your issue should be the legal question that, when answered, determines your entire case. An acceptable issue statement might ask, "Is there an agency relationship if there was no compensation paid?"
• The rule statement will describe the law or test that applies to the issue. For example, your rule statement might state, "An agency relationship is created when there is an agreement that the agent will act for the benefit of the principal at the principal’s direction or control regardless of whether compensation is paid."
• The analysis works to apply the facts of your case to the applicable rule. This will be the longest part of your argument when you actually write it.
• The conclusion will answer your issue question. [9] X Research source

Drafting Your Legal Brief

• Include any important background facts and facts that will emotionally resonate with your audience.
• Put important facts in positions of emphasis and make sure you include significant unfavorable facts (although you can certainly try to bury them).
• When you revise your statement of facts, try to edit out any legal conclusions and personal editorials.

• Under each point heading will be your arguments, which will be in IRAC/CRRACC format.
• Each point heading may be seen as the Issue or Conclusion piece of the IRAC/CRRACC format. If you are drafting your legal brief in this way, you will go directly into the rule after creating each point heading.

• Be sure you raise unfavorable legal standards and distinguish them away. You cannot simply ignore authority because it is not in your favor.

• Be sure you incorporate all of your legally significant facts here and relate them to some legal standard.

• Point out flaws in the other party's logic and move on.

Revising Your Written Product

• For example, if your client was run over by a vehicle, describe that vehicle as a "1965 black Stingray" in order to help your audience remember that fact. However, if your client ran over the other party in a car, you might only describe the car as a "vehicle", which will help make that particular fact less memorable. [11] X Research source

• For example, if you are claiming the defendant abused his or her discretion, you might want to say something like, "The defendant abused the privileges offered him; he abused the procedures designed to protect him." [13] X Research source

• For example, if a number of witnesses had nice things to say about the defendant, but your client had a different perspective, highlight your client's perspective by using a short sentence. Hide the other perspectives in a long sentence. This is what it might look like: "Julia was uniformly described by all the witnesses who had personally known her as a strong-willed, positive and independent woman. The plaintiff himself called her 'independent and abrupt.'" [14] X Research source

• For example, write, "Julia Easley was on a large and complex daily regimen of drugs, including..." instead of, "Julia Easley was drugged into a vegetative state daily." [16] X Research source

Expert Q&A

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• ↑ http://www.law.georgetown.edu/academics/academic-programs/legal-writing-scholarship/writing-center/upload/memotobrief.pdf
• ↑ https://www.ca10.uscourts.gov/sites/default/files/library/Basics%20of%20Legal%20Research%20from%20Cornell%20University%20Law%20Library.pdf
• ↑ https://www.law.georgetown.edu/academics/academic-programs/legal-writing-scholarship/writing-center/upload/persuasive_000.pdf
• ↑ http://www.csun.edu/sites/default/files/IRAC%20ANALYSIS_Saunders.pdf

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Master the Legal Memo Format

September 20, 2022

[Bloomberg Law’s Essential Career Toolkit can help you excel in class and jump-start your legal career to successfully transition from law student to lawyer.]

What is the legal memo assignment?

The legal memo is an objective memorandum that provides you the opportunity to review and research relevant case law, investigate relevant facts using available resources, analyze those facts under that law, and impartially assess the potential outcome of a matter. The legal memo is an assignment that law firm associates are frequently asked to provide to senior attorneys.

Far too often, however, the assigning attorney takes one look at the result and replies, “I knew this already.” To prevent this outcome, it’s important to write a legal memo with sufficient understanding of audience, scope, purpose, and format. With proper planning, law firm associates can maximize the odds of favorable reception at the outset.

Bloomberg Law can help you understand and apply legal issues to your legal memo assignment, so your final product addresses all relevant points right out of the gate.

What’s the difference between a closed legal memo and an open legal memo?

A closed legal memo is an assignment where you are given the case law or other primary law to be used in your writing. Far more challenging is an open legal memo, where you will need to research and identify the relevant law, investigate and analyze the most legally significant facts involving a particular client, and provide a critical assessment of how the court may apply the law to the matter.

By extension, unlike a court brief, the legal memo is not the place to wager a legal opinion or argue facts. The legal memorandum serves as an objective standalone document and identifies the risks and any unknown facts that need investigation. It should maintain an impartial tone, with no implied preference for one side or the other.

What’s the standard legal memo format?

Generally, a legal memorandum comprises six sections, with the following information:

1. Heading or caption

A section, titled, “Memorandum,” identifies the recipient (To: _______), the author (From: ____), the assignment submission date (typically in MMMM DD YYYY format), and subject of the memo (Re: __________).

2. Question presented

A brief one-sentence statement that defines how the law applies to the legal question at hand, and the jurisdiction where the matter will be decided. The question presented is specific and impartial and doesn’t assume a legal conclusion.

3. Brief answer

A quick-hit legal prediction to the question presented, based on a short (four to five sentences) explanation that references relevant law and facts.

4. Statement of facts

A concise, impartial statement of the facts that captures the heart of the legal matter, as well as current and past legal proceedings related to the issue. The facts can be chronological or grouped thematically, whichever format presents the facts in the clearest manner.

5. Discussion

Restates the main facts and delineates the overarching legal rule. Several paragraphs outline the various legal topics to be addressed in the case and provide an analysis of the legal issues, usually ordered in subsections.

6. Conclusion

The assigning attorney will likely read this section first. It predicts how the court will apply the law, and how confident you are in your prediction based on the data. With an impartial advisory tone, you identify next steps and propose a legal strategy to proceed.

How to write a legal memo

Legal research memos can come in many forms—from broad 50-state surveys to more nuanced research on a particular point of law—but whatever the format, it’s important that you fully understand the task entrusted to you before you start typing.

If you tackle your assignment by following the recommended approaches in the legal memo example below, you’ll be more likely to find an appreciative supervising attorney, deliver better work product, cut down on the number of drafts required to arrive at a final product, and, most importantly, please the client.

Learn the essentials of litigation writing, research, and document review with our Core Litigation Skills Practical Guidance Toolkit , available to Bloomberg Law subscribers.

Legal memorandum sample assignment

Assignment:  Prepare an open legal memo on whether, under the Fourteenth Amendment’s Due Process Clause, there is personal jurisdiction over a foreign car manufacturer involving a products liability case.

Step 1: Understand the legal issues

Review legal memo assignment materials.

In an open legal memo, you will be tasked with researching relevant primary and secondary resources, such as from national, single, or multiple state entities, as well as appeals circuits, to include in your analysis.

Locate secondary sources

Secondary sources, such as books, treatises, law reviews, legal analysis publications, and Practical Guidance are a great starting point to assist with your legal memo research. Although secondary sources are not binding on courts, meaning courts are not required to follow these sources, they are still helpful tools to use when you know little about a topic.

However, remember that while you may know little about a topic, the same may not hold true for your audience. Readers like law partners and assigning attorneys will already know general law. Identify your audience’s presumed level of knowledge, then the most mission-critical questions to address. These identified gaps will inform your fact-finding and research.

Use secondary resources to better fill in the main legal topics and issues as they relate to the facts in the legal memo assignment. Your legal research should help frame the issue and lead to other relevant materials, including cases and statutes.

Throughout, utilize legal memo space wisely. Remember, legal memo length varies by subject. Some topics require only a short summary, while others compel long-form treatment. For guidance, search your firm’s office document management system for previous legal memos.

Sample assignment – Step 1

Understand the legal issues:  Legal research depends on the right search terms. In the case, for example, you can use the keywords: (“personal jurisdiction” and manufacture!)) to locate relevant resources on the Bloomberg Law platform.

More broadly, while your search into secondary sources may span books and treatises, law review articles, and other legal analysis publications, make sure to vet all legal authorities for relevance.

[Research tip: It can be challenging to know all relevant keywords. Bloomberg Law provides a convenient search results page, where relevant article blurbs showcase additional keywords to explore. Based on targeted keywords, you can better gather the most relevant background information to assist with your analysis.]

Step 2: Develop a research plan

Identify primary law.

Primary sources can often be identified with research tools, such as court opinions searches for relevant case law. However, primary sources are not always apparent. In such cases, work your way backward. Reviewing secondary sources can help you identify a list of relevant primary law resources, like case law and related statutes. Keep your research organized and create a research plan to identify key resources. The research plan will list the relevant primary law and how the case or statute relates to your comprehensive legal analysis.

Stay organized

Save the relevant cases and statutes to a designated workspace. Bloomberg Law provides a streamlined and secure digital working area where you can add your notes as well as upload and store your drafts to keep organized.

Sample assignment – Step 2

Develop a research plan:  In the  assignment, some legal research may mention cases on what contacts a foreign defendant must have for the court to have personal jurisdiction over it, such as Ford Motor Co. v. Montana Eighth Judicial District Court .  Read through these articles to reveal additional relevant cases and statutes to support your analysis.

Step 3: Confirm your legal memo research

Once you have your research plan, you want to verify all your research to make sure you’re relying on the most current case law available. Bloomberg Law’s litigation tools like the BCite citator tool help you work smarter and faster to validate your case law research—specifically, to determine whether a citation still represents good law and can be relied upon—and helps you to conduct additional research to find more cases and resources that support your legal memo’s findings and conclusions.

Robust verification should ensure you know the following information:

• Composite analysis – the overall treatment of the cited case by other courts.
• Direct history – How a cited case has moved through the court system.
• Case analysis – Cases that have subsequently cited to the case.
• Authorities – Cases relied on by the court in the main case.
• Citing documents – Legal materials, such as court opinions, administrative decisions, and secondary sources that reference your case by citation.

Sample assignment – Step 3

Confirm your research:  To see whether  Ford Motor Co. v. Montana Eighth Judicial District Court  is still good law, you will of course need to pull up and review the case status. As part of this verification, you should review how other courts have treated the case. Once you have verified case status, you can better find additional secondary cases and other sources that cite to your case.

[Research tip: Carefully review whether case law citation can be relied on in your legal memo. While a legal memo is written for internal stakeholders like the assigning attorney, and not for the court system, it may nonetheless serve as a primer for future material.]

Attorneys may later incorporate any case law citations within the legal memo into court filings in support of their arguments. Given this broad potential reach, it’s imperative to verify all case law within your legal memo. Any unverified case law that later makes its way into public documents will result in an admonition from the court.

It is also important not to cherry-pick case citations. Remember the legal memo’s purpose is to inform, not to argue the facts. The legal memo must therefore provide an objective summary of all relevant case law and how it applies to the facts at hand. The omission of negative case law only compromises future legal strategy and heightens client legal exposure.

Step 4: Write an objective analysis

The legal memo showcases your critical legal thinking skills. Use your research plan and research materials to help organize your analysis. Remember to clearly state the law and the facts, in the active voice, and present your analysis in a logical manner.

Even with the IRAC legal memo format (Issue, Rule, Application, and Conclusion), it can be a challenge to write with precision. For example, it may not be clear which details to include in the statement of facts. Skilled legal memo writers often begin with the discussion. With complementary considerations of legal authority and factual criteria, this section clarifies the most legally significant facts and informs other earlier sections like the question presented and brief answer.

Across all stages, Bloomberg Law provides a vast trove of articles and resources to assist you in preparing your legal memo. Whether this is your first or fiftieth legal memo assignment, you can showcase clear and impartial legal analysis in your legal memo and other writing assignments in ways that establish you as a strong legal mind.

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How to Write a Legal Case Analysis: A Step-by-Step Guide

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Are you a law student needing to write a legal case analysis? If so, you may be feeling overwhelmed and unsure where to even begin. Fear not! With this step-by-step guide, you'll be on your way to crafting a comprehensive and insightful analysis in no time. Let's get started.

Understanding the Purpose of a Legal Case Analysis

Before diving into the nitty-gritty of the case analysis process, it's important to understand why this type of assignment is so crucial in legal studies.

Legal case analysis is a fundamental aspect of the study of law. It is an indispensable tool for law students to develop their analytical and critical thinking skills. By analyzing legal cases, students can gain a deeper understanding of the law and its application in various contexts.

Importance of case analysis in legal studies

A legal case analysis is a way to examine and understand court decisions. By analyzing cases, you can improve your legal reasoning skills and develop a deeper understanding of the law. Additionally, legal case analyses test your ability to identify key legal issues, apply legal principles to factual scenarios, and present persuasive arguments.

Legal case analysis is also essential for practicing attorneys. As attorneys, they must analyze cases to advise clients on the best course of action and to argue their clients' cases in court. Therefore, legal case analysis is a critical skill that is required for success in the legal profession.

Types of legal case analyses

Legal case analyses come in a variety of forms, including briefs, memos, and essays. Regardless of the format, the goal remains the same: to analyze a case and provide a comprehensive analysis of the legal issues at play.

Legal briefs are a concise summary of a case that presents the key legal issues, the relevant facts, and the arguments made by the parties. They are typically used by attorneys to present their case to a court.

Legal memos are more detailed than briefs and are typically used by law students to analyze a case. They include a summary of the case, an analysis of the legal issues, and a conclusion that summarizes the key findings.

Legal essays are longer and more in-depth than briefs or memos. They require extensive research and analysis and are typically used by law students to demonstrate their understanding of a particular area of law.

In conclusion, legal case analysis is a crucial component of legal studies. It helps students develop their analytical and critical thinking skills, gain a deeper understanding of the law, and prepare for success in the legal profession. Whether you are writing a brief, memo, or essay, the goal is always the same: to provide a comprehensive analysis of the legal issues at play.

Preparing for the Case Analysis

Once you understand the purpose of a legal case analysis, it's time to start preparing for the analysis itself. Here are some key steps to get you started:

Reading the case thoroughly

The first step in any case analysis is to read the case in question thoroughly. Take notes as you go along, highlighting key facts, legal issues, and arguments presented by both sides.

Identifying the key legal issues

After reading the case, identify the key legal issues at play. What are the legal questions the court is being asked to answer? What legal principles apply to these questions?

Researching relevant laws and precedents

Once you've identified the key legal issues, conduct research to identify relevant laws and precedents that may impact the case. This involves looking up statutes, regulations, and case law that apply to the facts of the case.

Writing the Legal Case Analysis

Now that you've completed your preparation work, it's time to start writing your legal case analysis. Here are some key steps to follow:

Organizing your thoughts and findings

Before diving into the analysis itself, take time to organize your thoughts and findings. This involves outlining the structure of your analysis and identifying the main points you want to make.

Structuring the analysis

When it comes to structuring your analysis, there is no one "right" way to do it. However, a common approach is to start with an introduction, followed by an analysis of the facts and legal issues, and ending with a conclusion and recommendation.

Crafting a compelling introduction

Your introduction sets the tone for the entire analysis, so it's important to craft a compelling opening statement. This may involve providing context and background information about the case, as well as stating your thesis or argument.

Analyzing the facts and legal issues

With the introduction out of the way, it's time to dive into the analysis itself. This involves analyzing the facts of the case and applying legal principles to the legal issues at play. Use research and precedents you have identified to support your arguments.

Applying the law to the case

After analyzing the facts and legal issues, it's time to apply the law to the case. This means identifying how the law applies to the facts of the case and providing well-reasoned arguments to support your conclusion. Remember to address counter-arguments and potential weaknesses in your analysis as well.

Presenting your conclusions and recommendations

Finally, wrap up your analysis with practical and well-reasoned conclusions and recommendations. Your conclusions should summarize the key legal issues in the case, and your recommendations should provide insight into the potential outcomes of the case.

Formatting and Citation Styles

Once you've completed your analysis, it's important to take time to properly format and cite your work. Here are some key considerations:

Common citation styles in legal writing

There are a variety of citation styles used in legal writing, but two common styles are Bluebook and ALWD. Check with your instructor or professor to determine which citation style you should use.

Formatting your case analysis for clarity and professionalism

When it comes to formatting, use headings and subheadings to break up long sections of text and make your analysis easier to read. Additionally, use professional language and tone throughout the analysis, and proofread carefully for errors and typos.

By following these steps and tips, you'll be well on your way to crafting a comprehensive and insightful legal case analysis. Best of luck!

ChatGPT Prompt for Writing a Legal Case Analysis

Use the following prompt in an AI chatbot . Below each prompt, be sure to provide additional details about your situation. These could be scratch notes, what you'd like to say or anything else that guides the AI model to write a certain way.

Please compose a thorough and detailed analysis of a legal case, including an in-depth examination of the relevant legal principles, facts, and arguments presented in the case. Your analysis should demonstrate a comprehensive understanding of the legal issues at stake and provide a well-reasoned and supported conclusion based on your evaluation of the evidence and legal precedent.

[ADD ADDITIONAL CONTEXT. CAN USE BULLET POINTS.]

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3 Ways to Adjust Water pH

3 ways to earn money (for tweens), 3 simple ways to put music onto videos on android, how to draw goku: 14 steps, easy ways to ride a lime scooter, 3 ways to increase blood flow during menstruation, 3 ways to clean a beard, how to use predictive text: 5 steps, boyfriend quiz: when will i get a bf, how to create a photo booth: 8 simple steps, how to analyze case law: 11 steps.

Every law student and legal professional must be adept at case law analysis. Analyzing case law involves understanding the structure, arguments, and reasoning of a judicial opinion or decision. It’s crucial for building your understanding of the law, conducting legal research, and advocating for clients effectively. Here are 11 steps to help you analyze case law like a pro:

1.Acquire relevant case documents: Obtain the full text of the case, including any dissenting or concurring opinions. This information can be found through online databases such as LexisNexis, Westlaw, or government websites.

2.Read the case thoroughly : Understand the facts, procedural history, issues raised, and the holding of the court. Make notes on important points that could influence your analysis.

3.Identify the case parties: Ascertain who the plaintiff and defendant are or who is appealing and being appealed against.

4.Outline the court structure: Understand which court decided the case (e.g., district court, appellate court, or supreme court) as it will impact how much authority a decision holds.

5.Determine jurisdiction and area of law: Identify the jurisdiction in which the decision was made – for example, federal or state – and which area of law it pertains to (e.g., torts, contracts). This will help you grasp if this ruling is within your research scope.

6.Review procedural history: Know how the case arrived at its present stage – through appeal or trial – as it provides context on whether precedents have been set already.

7.Identify legal issues raised: Examine carefully what legal questions were addressed by the judges in their decision-making process.

8.Dissect court’s reasoning and analysis : Understand how judges reached their conclusions by breaking down their argumentative reasoning and precedent reliance.

9.Assess majority vs dissenting opinions: To gain a full perspective on the case, study any dissenting or concurring opinions, which may offer alternative interpretations of the law.

10.Evaluate the case significance: Determine the case’s impact on the legal landscape, whether it establishes a new precedent or follows well-established principles.

11.Reflect on application to future cases : Finally, consider how this ruling might apply to future or similar cases in analogous situations.

In conclusion, effective case law analysis is an essential skill for legal professionals. Understanding each step of the process will help you hone your analytical abilities and stay current with the evolving legal landscape. So, next time you come across a significant court ruling, use these 11 steps as your guide to comprehensively analyze the decision.

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ANALYSIS: Sanctions for Fake Generative AI Cites Harm Clients

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Courts are grappling with what sanctions they should impose when a party submits pleadings with fake, AI-generated cases. Should they strike the offending pleadings—which has the greatest consequence to a client—or should they sanction only the submitting attorney?

If the offense is the hallucination and fabrication of case law, and not the use of AI itself, a recent Ninth Circuit case offers a cautionary warning of what courts could do.

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Baltimore bridge collapse: a bridge engineer explains what happened, and what needs to change

Associate Professor, Civil Engineering, Monash University

Disclosure statement

Colin Caprani receives funding from the Department of Transport (Victoria) and the Level Crossing Removal Project. He is also Chair of the Confidential Reporting Scheme for Safer Structures - Australasia, Chair of the Australian Regional Group of the Institution of Structural Engineers, and Australian National Delegate for the International Association for Bridge and Structural Engineering.

Monash University provides funding as a founding partner of The Conversation AU.

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When the container ship MV Dali, 300 metres long and massing around 100,000 tonnes, lost power and slammed into one of the support piers of the Francis Scott Key Bridge in Baltimore, the bridge collapsed in moments . Six people are presumed dead, several others injured, and the city and region are expecting a months-long logistical nightmare in the absence of a crucial transport link.

It was a shocking event, not only for the public but for bridge engineers like me. We work very hard to ensure bridges are safe, and overall the probability of being injured or worse in a bridge collapse remains even lower than the chance of being struck by lightning.

However, the images from Baltimore are a reminder that safety can’t be taken for granted. We need to remain vigilant.

So why did this bridge collapse? And, just as importantly, how might we make other bridges more safe against such collapse?

A 20th century bridge meets a 21st century ship

The Francis Scott Key Bridge was built through the mid 1970s and opened in 1977. The main structure over the navigation channel is a “continuous truss bridge” in three sections or spans.

The bridge rests on four supports, two of which sit each side of the navigable waterway. It is these two piers that are critical to protect against ship impacts.

And indeed, there were two layers of protection: a so-called “dolphin” structure made from concrete, and a fender. The dolphins are in the water about 100 metres upstream and downstream of the piers. They are intended to be sacrificed in the event of a wayward ship, absorbing its energy and being deformed in the process but keeping the ship from hitting the bridge itself.

The fender is the last layer of protection. It is a structure made of timber and reinforced concrete placed around the main piers. Again, it is intended to absorb the energy of any impact.

Fenders are not intended to absorb impacts from very large vessels . And so when the MV Dali, weighing more than 100,000 tonnes, made it past the protective dolphins, it was simply far too massive for the fender to withstand.

Read more: I've captained ships into tight ports like Baltimore, and this is how captains like me work with harbor pilots to avoid deadly collisions

Video recordings show a cloud of dust appearing just before the bridge collapsed, which may well have been the fender disintegrating as it was crushed by the ship.

Once the massive ship had made it past both the dolphin and the fender, the pier – one of the bridge’s four main supports – was simply incapable of resisting the impact. Given the size of the vessel and its likely speed of around 8 knots (15 kilometres per hour), the impact force would have been around 20,000 tonnes .

Bridges are getting safer

This was not the first time a ship hit the Francis Scott Bridge. There was another collision in 1980 , damaging a fender badly enough that it had to be replaced.

Around the world, 35 major bridge collapses resulting in fatalities were caused by collisions between 1960 and 2015, according to a 2018 report from the World Association for Waterborne Transport Infrastructure. Collisions between ships and bridges in the 1970s and early 1980s led to a significant improvement in the design rules for protecting bridges from impact.

Further impacts in the 1970s and early 1980s instigated significant improvements in the design rules for impact.

The International Association for Bridge and Structural Engineering’s Ship Collision with Bridges guide, published in 1993, and the American Association of State Highway and Transporation Officials’ Guide Specification and Commentary for Vessel Collision Design of Highway Bridges (1991) changed how bridges were designed.

In Australia, the Australian Standard for Bridge Design (published in 2017) requires designers to think about the biggest vessel likely to come along in the next 100 years, and what would happen if it were heading for any bridge pier at full speed. Designers need to consider the result of both head-on collisions and side-on, glancing blows. As a result, many newer bridges protect their piers with entire human-made islands.

Of course, these improvements came too late to influence the design of the Francis Scott Key Bridge itself.

Lessons from disaster

So what are the lessons apparent at this early stage?

First, it’s clear the protection measures in place for this bridge were not enough to handle this ship impact. Today’s cargo ships are much bigger than those of the 1970s, and it seems likely the Francis Scott Key Bridge was not designed with a collision like this in mind.

So one lesson is that we need to consider how the vessels near our bridges are changing. This means we cannot just accept the structure as it was built, but ensure the protection measures around our bridges are evolving alongside the ships around them.

Second, and more generally, we must remain vigilant in managing our bridges. I’ve written previously about the current level of safety of Australian bridges, but also about how we can do better.

This tragic event only emphasises the need to spend more on maintaining our ageing infrastructure. This is the only way to ensure it remains safe and functional for the demands we put on it today.

• Engineering
• Infrastructure
• Urban infrastructure
• container ships
• Baltimore bridge collapse

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