3.2 - Case Briefs

Reading a Criminal Case Citation

Criminal judgements all use a similar type of citation structure.  This makes it much easier to extract key information from the citation.  Consider this criminal case citation:

R. v. Boyes, 2013 BCPC 204 (CanLII)

Here's what each element of this citation refers to:

• R = is the abbreviation for "Rex", a Latin word for the King (all criminal cases are 'The King' versus the person accused of a crime)

• v = versus (illustrates the adversarial perspective of legal matters)

• Boyes = the last name of the person accused of this crime

• 2013 = the year in which this criminal matter was heard in court

• BCPC = the court in which this criminal matter was heard (BCPC stands for 'British Columbia Provincial Court')

• 204 = is the volume of the Court Reporter in which this case judgement may be found

• (CanLII) = the online case law source in which this judgement was found (CanLII stands for 'Canadian Legal Information Institute')

Reading a Civil Case Citation

Civil judgements also use a standard method of citation, and it is similar to criminal case citations.  Consider this civil case citation:

Johnston v. Goodwin, 2024 BCSC 1384 CanLII

Here's what each element of this citation refers to:

• Johnston = the plaintiff (party alleging to have been wronged in some way)

• v = versus (illustrates the adversarial perspective of legal matters)

• Goodwin = the defendant (party alleged to have wronged the plaintiff in some way)

• 2024 = the year during which the civil matter was heard in court

• BCSC = the court in which this civil matter was heard (BCSC stands for 'British Columbia Supreme Court')

• 1384 = is the volume of the Court Reporter in which this case judgement may be found

• (CanLII) = the online case law source in which this judgement was found (CanLII stands for 'Canadian Legal Information Institute')

Preparing Case Briefs

What is a case brief?

• A case brief is a summary of a case.  It outlines the issue (criminal charges, civil dispute, etc.), the evidence presented from both sides, the judgment given by the judge, and the reasons for this judgment.

What is a case brief based on?

• A case brief is based on the judgment written by a judge after they have decided a case.  These judgements are published to the public domain at some point after the decision has been rendered.

Why are case briefs prepared?

• Lawyers and law students use case briefs to summarize cases that may have an influence as precedents on cases that they are working on.  In Law Studies 12, case briefs are used to learn how cases are decided, and to learn to analyze legal processes.

How are case briefs prepared?

• In Law Studies 12, a printable template is provided for use in preparing case briefs.  Complete each section as instructed.  For criminal cases, pay particular attention to the ‘legal issue’ component.  This section identifies the main legal issue that the judge had to resolve in the case.  The legal issue is NOT whether the person is guilty or not; but rather is what QUESTION the judge had to answer in their own mind prior to reaching a verdict of guilty or not guilty.

Are case briefs long?

• Case briefs for law school can be up to 30 pages.  However, case briefs for Law Studies 12 are only about 1-1.5 pages long (using the template).  Keep your responses short, except for the opinion paragraph at the end.

Summary

Case law is a vital component of Canada's legal system.  It provides the common law and precedents that guide the interpretation and application of law.  Becoming familiar with case citation structures and the preparation of case briefs are important skills for law learners.