CASE BRIEF

A case brief should be 1-2 pages. (250-500 words) The brief for each case should be submitted before the date on the work schedule. Be prepared to discuss your brief in class.

Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.

Procedure: Most of the cases that you'll read in law school will be appellate court decisions. In this section, you want to list what happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section.

Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.

Holding: How did the court answer the issue question(s)? YES/NO?

Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this section. List what the law was before this case was decided and how the law has changed after this decision. Law professors love to discuss the reasoning of a case in class discussions.

Concurring/dissenting opinions: Even though I read the concurring and dissenting opinions, I rarely brief them. However, there are some cases (e.g. Youngstown Sheet & Tube Co. v. Sawyer) where the concurring or dissenting opinions end up becoming more important than the majority's opinions. In such cases, you should add this section to your case brief.

Chapter 13 - Santobello v. New York and Honoring a Plea Agreement

Santobello v. New York (1971)

Argued: November 15, 1971
Decided: December 20, 1971

The petitioner withdrew his not-guilty plea to two felony counts and pleaded guilty to a lesser charge. The previous prosecutor made no recommendation as to the sentence. At the petitioners appearance several months later a new prosecutor recommended the maximum sentence, which the judge imposed. The petitioner then attempted to withdraw his guilty plea, and his conviction became affirmed on appeal.

Held: "The interest of justice and proper recognition of the prosecutors duties in relation to promises made in connection with "plea bargaining" require that the case be remanded to the state courts for further consideration as to whether the circumstances require only that there be specific performances of the agreement on the plea, in which case should be represented by a different judge, or the petitioner should be afforded the relief he seeks of withdrawing his guilty plea."

-The court decided in Mr. Santobello's favor do to the fact that the charge was a minor one (two counts of felony gambling).