The Law To Know

Module 2

Facts, procedural history and issues: what happened, what the courts did and the question the court had to answer

The first half of a good brief answers three plain questions: what happened, how did it come to this court, and what is the court being asked? Students get each wrong in a typical way. They retell the story, so the facts crowd out the reasoning. They skip the procedure, so they cannot say who appealed or what the court was asked to review. And they state the issue as a topic, a result or a question so broad that it fits a hundred cases. This module teaches how to pick the facts the court used, how to read the procedural history and its vocabulary, and how to put the issue in a form that points to the holding.

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General education on reading and briefing court decisions, using invented people, cases, statutes and courts. It is not legal advice, it does not state the law of any country and it does not predict how any teacher or examiner will mark. Follow the instructions of your own school and teacher.

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