briefing - how do i tell the different parts apart

[jeffjoe]

I'm having trouble determining what belongs in reasoning and what goes in rules, etc.  So many things seem like they could go in both or either, and some seem they are just duplicating the other.

Any hints?

[lawgirl]

When I first started briefing, I had a separate area for the law, but I quit doing that. When I do the reasoning section of the brief, I just follow the natural progression of the court's analysis and at some point they will cite a statute or common law. If it is really pertinent to the reasoning, then I put it in wherever it is pertinent to the analysis.

[lawgirl]

As far as the reasoning, the courts will start off with a question that they have to answer. Does this particular set of facts add up to the law that applies? The court will go through a process of showing what the law is, how it has been applied in the past to other cases and how it applies to this case in particular. That is what I term the "reasoning" of the case. It is how the law is applied to the particular facts of the case in order to determine if the law has been violated.

[jeffjoe]

Some people have mentioned that different profs have different styles of briefing.  I thought the style of briefing was up to the individual student since the brief is just for the student's use.  Am I missing something?

[lawgirl]

They might have you hand in a brief (it is rare) or they will just tell you how they want it done. Usually it is up to the individual student.