The legal defense or claim section ensures that all relevant facts are included; the facts relating to an event are normally organized in chronological order and organized separately as they are deemed to be relevant to every issue (Okrent, 2009).
After the facts have been presented, the procedural history of the case is included. This is the history of the case from the time a lawsuit was filed until it came before the court (Jmls, nd). For example, lower courts’ decisions and the reasons for those decisions are presented in this section. Yet again, the decisions of any intermediate courts as well as the basis of those decisions and the parties that appealed are included.
In many cases, the procedural history is then followed by the issue. The issue is a legal question the court seeks to resolve; the question should be answered in ‘yes’ or ‘no’ format. The rule that governs the dispute and the material facts are also included in the issue (Jmls, nd). It is recommended that the parties be identified generally by their relation to the legal claim. The holding or the answer to the issue is then presented in a nest section. It is however noted that the holding does not present the rule of the law.
After the holding, the reasoning is always presented according to (Jmls, nd). This is where the court’s explanations and support a decision are included. It also includes the rule of law that the court applied and the rules the court rejected to reach its decision. The reasoning is sometimes referred to as the ‘heart’ of the case brief. In reasoning, the court’s decision policy is included. Notions of judicial economic efficiency, fairness, and justice are given priority over implicit policies that may also underlie the court’s decision. Finally the court’s disposition of the case is presented clearly somewhere at the end of the case ...
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