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2016 | 45 | 1 | 7-20

Article title

Case Briefs in Legal English Classes

Title variants

Languages of publication

EN

Abstracts

EN
A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s), court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills. The course of English for academic legal purposes (as part of English for specific purposes) can also benefit from implementing case briefs. Students are exposed to useful legal vocabulary while the cases themselves bring real life examples of the law, which can increase students’ interest and motivation. The paper briefly introduces the literature on the methodology of teaching case briefing and on case briefs within the linguistics research and then describes a sample activity on case briefs from legal English classes. My experience shows that it is important to provide students with sufficient scaffolding for completing the task successfully. Even though the students feel they are easily and quickly acquainted with the format and the language used, they encounter problems when preparing particular cases. The activity combines both individual and collaborative work, oral and written outputs and peer reviewing. Case briefing is a valuable learning activity; nevertheless, some students may find it difficult as they need not only language skills, but also general critical thinking skills. The teacher should therefore facilitate their work, help them practice the ability to find relevant information, identify the issue, and comprehend the reasoning behind.

Keywords

Publisher

Year

Volume

45

Issue

1

Pages

7-20

Physical description

Dates

published
2016-06-01
online
2016-07-14

Contributors

  • Masaryk University, Czech Republic

References

  • Asfour, P.D. (2009). Case Brief Preparation - A Critical Thinking Exercise for Undergraduate Legal Studies Students. International Journal of Business and Social Science. Vol. 15. Retrieved June 9, 2015 from http://www.sealsb.org/docs/volume_15_case_brief.pdf.
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  • Bhatia, V.K. (1993). Analysing Genre: Language Use in Professional Setting. London: Longman.
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  • Candlin, C.N. Bhatia, V.K., & Jensen C.H. (2002). Developing legal writing materials for English second language learners: problems and perspectives. English for Specific Purposes, 21, 299-320.
  • Christensen, L.M. (2006). The psychology behind case briefing. A powerful cognitive schema. Campbell Law Review, 29 (1), 5-23. Retrieved June 9, 2015 from http://scholarship.law.campbell.edu/cgi/viewcontent.cgi?article=1436&context=clr.
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  • Coleman, B., & Phung, Q. (2010). The Language of Supreme Court Briefs: A Large- Scale Quantitative Investigation. Journal of Appellate Practice and Process, 11 (1), 75-104.
  • Day, J. (2008). Introduction to International Legal English Teacher’s Book. Cambridge: Cambridge University Press.
  • Day, J. (2011). International Legal English Teacher’s Book, Second Edition. Cambridge: Cambridge University Press.
  • Iedema, R. A. (1993). Legal English: subject specific literacy and genre theory. Australian Review of Applied Linguistics, 16 (2), 86-122.
  • Krois-Lindner, A., & Firth, M. (2008). Introduction to International Legal English. Cambridge: Cambridge University Press.
  • Krois-Lindner, A. (2011). International Legal English, Second Edition. Cambridge: Cambridge University Press.
  • Morgan-Thomas, M. (2012). The Legal Studies Case Brief Assignment: Developing the Reading Comprehension Bridge to Critical Thinking. International Journal of Business and Social Science, 3 (23). Retrieved June 9, 2015 from http://ijbssnet.com/journals/Vol_3_No_23_December_2012/8.pdf.
  • Northcott, J. (2009). Teaching legal English: Contexts and cases. In Diane Belcher (ed.) English for Specific Purposes in Theory and Practice. Ann Arbor: University of Michigan Press, 165-185.
  • Tessuto, G. (2012). Investigating English Legal Genres in Academic and Professional Contexts. Newcastle upon Tyne: Cambridge Scholars Publishing.
  • Zinkevičiute, S. (2014). Language and Structure of Merit Briefs of the United States Supreme Court. Retrieved June 9, 2015 from http://www.academia.edu/7888091/Language_and_Structure_of_Merit_Briefs_of_the_United_States_Supreme_Court.

Document Type

Publication order reference

Identifiers

YADDA identifier

bwmeta1.element.doi-10_1515_slgr-2016-0012
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