A brief is a document presented to interested members of a court of law. Briefs are addressed to a specific audience and typically include a short description of a legal case, highlighting key issues, relevant facts, and, if applicable, a history of related court decisions; an analysis and interpretation of how the case applies to a particular organization; and the legal principles and jurisdictional issues related to the desired outcome.
For a case brief assignment, you might be asked to write to a public defender or a future judge on how to interpret issues involved in a specific case.
A legal brief assignment might ask you to analyze documents submitted for a moot court exercise and to argue for one side.
Your instructor may ask you to follow the IRAC model when you write case and legal briefs. IRAC is an organizational approach used in legal writing as a method for problem solving and structuring an analysis. The acronym IRAC stands for the following steps:
Issue: State the legal issue of relevance.
Rules: List all the statutes and case law relevant to your brief.
Analysis or Application: Provide arguments in favor of and against the decision in this case.
Conclusion: Provide an answer to the legal issue raised.
Another organizational approach is based on the acronym PEAR:
Position: State a position.
Explanation: Explain the position.
Alternatives: Examine the alternative positions.
Response: Respond to potential objections.
The explanations of the IRAC and PEAR models are adapted from the Criminology, Law, and Society Writing Guide from George Mason University.
Related topics:
Research papers
Analytical papers
Argument or position papers
Investigative and administrative reports
Policy memos
Case plans (or case notes)