How to Brief (Summarize) Decisions:
Law Cases or Administrative Orders & Opinions
1. Read the case/opinion through once completely.
2. Review the case/opinion slowly, looking for the following information to put in writing.
a. FULL CITATION: Include case name (in italics), volume, reporter, page #, year decided.
e.g. Ashbacker v. FCC, 326 U.S. 327 (1945)
b. FACTS: What is the story behind this case/opinion? Who are the players? Who did what to whom? Why did they do it? What brought this action to this court or administrative agency?
c. ISSUES: List the points or principles of law or administrative policy that arise in or because of the facts in this matter. There are usually one or two key issues. These points should be stated as questions that can answered yes or no.
d. DECISION/RESULTS: Answer each question with "yes" or "no" (and what was the vote? (if available))
Be aware that there can be more than one decision (and you should have a decision for each issue raised).
e. RATIONALE/REASONS: List the reason(s) assigned to answer each question posed in the issues section of the brief. You should briefly state a reason the court or agency gave for its answer to each point raised as an issue in the action.
Remember, this is a brief, you should be able to draft your brief in about one page!
For legal purposes, a case brief ends here. For educational purposes, I want you to add these additional sections:
f. notes - any legal terms that might need explaining.
g. what was the constitutional philosophy (constructionist or judicial activist) and why do you think it is so.
h. what constitutional theory was applied (there may be more than one) and why do you think it is so.
i. what impact or effect did this decision have on America and/or media law?
Sections f, g, h, and i can run onto a second page if necessary.
How to Read and Summarize Prescriptive Documents:
A Statute or Rule
Statutes and rules are somewhat similar documents. They are usually prescriptive, meaning they are instructions on how to proceed; what to do or what is proper activity to be adopted before an event occurs. They generally acquire their greatest meaning in context -- where an activity has occurred, and it is necessary to determine if the legislation, statute or rule has been followed or violated. It is difficult to appreciate statutes, legislation and rules in the abstract; however, in the media field it is necessary to become acquainted with the general tone of these policies and develop approaches for analysis to be ready when a need for application arises. Here is an approach that should help you analyze statutes and rules in abstract settings and when they come into play in varied settings:
1. Read the entire statute or rule quickly.
2. Review the statute or rule section by section, identifying key words and phrases in each subdivision.
3. Outline each section, in your own words, the idea or basic objective that the statute or rule seeks to accomplish.