Caselaw
Why it Matters
Title VII of the Civil Rights Act of 1964 bars an employer from firing a worker “because of” sex. The federal appeals court over Florida read those words not to protect a worker fired for being gay. In 2020, Bostock v. Clayton County reversed that court and held that firing someone merely for being gay or transgender violates the statute. An employer learns what Title VII requires from that opinion, because the statute’s words alone had left the question open. Briefing a case trains you to find that kind of answer in the opinion itself, which is where a lawyer looks before telling a client what the law allows.
Current Context
On June 11, 2026, the Supreme Court decided FS Credit Opportunities Corp. v. Saba Capital Master Fund (opens in a new tab), reversing the Second Circuit 6-3 and remanding the case. Section 47(b) of the Investment Company Act, the majority held, gives private parties no implied right to sue to rescind a contract that violates the Act. The district court had found such a right by following a 2019 Second Circuit decision, and the Second Circuit summarily affirmed. Justice Barrett wrote for the Court, and Faegre Drinker’s summary (opens in a new tab) lists two dissents: one by Justice Kagan, and one by Justice Jackson, joined by Justice Sotomayor and in part by Justice Kagan. SCOTUSblog’s case page (opens in a new tab) follows the case from petition to judgment, and it shows three opinions reading one statute while only the majority’s answer binds the next court.
Key Concepts
Caselaw
The law judges make in written opinions that resolve actual disputes. A statute or a regulation is written in advance for cases no one has seen, while caselaw grows one decision at a time as courts apply rules to specific facts. For a business, it shows how far a statute’s words actually reach, which the text alone often cannot settle.
Precedent and Stare Decisis
A precedent is an earlier decision that governs a later case raising the same question, and it binds the courts below it in the same jurisdiction. Stare decisis, Latin for “to stand by things decided,” is the principle that courts follow those decisions, which keeps the law consistent and predictable. Businesses write contracts and plan operations on the expectation that the next similar dispute will come out the way the last one did.
Holding and Dicta
The holding is the court’s answer to the legal question the case actually presented, and it is the part that binds later courts. Dicta is everything else a judge says along the way, the remarks and hypotheticals the decision did not need. Telling the two apart is the central skill of case reading, because a sentence of dicta, however quotable, binds no one.
Affirm, Reverse, and Remand
The three usual outcomes of an appeal: affirm, which upholds the lower court’s decision; reverse, which overturns it; and remand, which sends the case back for further proceedings. A court reverses most often because the lower court misapplied the law, and it often remands with instructions. One opinion can do more than one of these, such as reversing a judgment and remanding for a new trial.
Judicial Review
The power of courts to examine acts of the legislative and executive branches and strike down those that violate the Constitution. It is the check that keeps what legislatures and officials do inside constitutional limits. A business that challenges a state law or an agency rule as unconstitutional is asking a court to use it.
Procedural History
The path a case took to reach the court that wrote the opinion: who sued whom, what the trial court decided, and who appealed. That path fixes the question the court was answering, so you cannot state the holding accurately without it. Every brief you write starts here.
Resources
- Very Brief Introduction: Caselaw (opens in a new tab) (Professor Nate’s two-minute overview of how judge-made law works; watch it first.)
- What Is Stare Decisis? (opens in a new tab) (A three-minute Federalist Society explainer on where the doctrine of precedent comes from and why courts follow it.)
- Briefing a Case (2019) (opens in a new tab) (A University of Virginia law professor’s orientation talk on briefing a case; watch it before you write your own in Part 3.)
- How to Read a Case, J. Novkov, University at Albany (opens in a new tab) (A short guide that walks an opinion through six sets of questions, from its court and facts to its holding and separate opinions; read it before you open your case.)
- Should You Case Brief in Law School? (opens in a new tab) (A lawyer argues that law students should skip full briefs when studying for exams; weigh his case against the brief you write here, which serves a reader rather than an exam.)
- How to Brief a Case (opens in a new tab) (A four-minute explanation of how to brief a case and why the habit is worth building.)
- Case Briefing Demonstration (opens in a new tab) (A law professor briefs a case on screen, the closest thing here to a worked example.)
- Google Scholar (opens in a new tab) (The free case law database where you find and read your opinion; choose Case law under the search box.)
- Google Scholar: Finding Case Law, FIT Library (opens in a new tab) (A three-minute library tutorial on searching U.S. case law on Google Scholar, with captions.)
- Pre-set search: unfair trade practices (opens in a new tab) (Florida cases since 2019; one of ten searches you can choose your opinion from.)
- Pre-set search: promissory estoppel (opens in a new tab) (Florida cases since 2019 on enforcing a promise without a contract.)
- Pre-set search: unilateral mistake (opens in a new tab) (Florida cases since 2019 on a contract one party got wrong.)
- Pre-set search: intentional infliction of emotional distress (opens in a new tab) (Florida cases since 2019 on this tort.)
- Pre-set search: negligent security (opens in a new tab) (Florida cases since 2019 on a business’s duty to protect people on its property.)
- Pre-set search: cyberstalking (opens in a new tab) (Florida cases since 2019 under the state’s cyberstalking law.)
- Pre-set search: breach of lease agreement (opens in a new tab) (Florida cases since 2019 on landlord and tenant disputes.)
- Pre-set search: warranty claim (opens in a new tab) (Florida cases since 2019 on product and service warranties.)
- Pre-set search: legal malpractice (opens in a new tab) (Florida cases since 2019 on lawyers sued by their clients.)
- Pre-set search: insurance coverage (opens in a new tab) (Florida cases since 2019 on whether a policy covers a loss.)
- Holding, Cornell Wex (opens in a new tab) (The definition you apply when you separate the holding from the rest of the opinion.)
- Dicta, Cornell Wex (opens in a new tab) (What a judge’s non-binding remarks are, why they do not control later cases, and why a dissent generally counts among them.)
- Stare decisis, Cornell Wex (opens in a new tab) (The doctrine of precedent, including binding versus persuasive authority and the difference between following a higher court and following your own.)
- Appeals, United States Courts (opens in a new tab) (How a federal appeal works: the briefs, oral argument, the three-judge panel, en banc review, and the petition to the Supreme Court.)
What to Do
A case brief is a structured summary of a court opinion that shows how the court applied a legal rule to a real dispute. Writing one trains you to read caselaw closely and to describe a decision in the precise terms lawyers use. You will choose an opinion, work through it with an AI, test your own reading of it, and post your brief.
Part 1: Understand the Judicial Role
Start with the Judicial Role Guide to learn how caselaw differs from statutes and how an appellate court reviews a trial court’s decision. Then choose a court opinion that interests you. The ten pre-set Google Scholar searches in Resources are the easiest place to start, and each returns Florida cases decided since 2019; you may also search Scholar on your own. Read the whole opinion before you go on. Pick one you can follow: if you cannot explain the dispute in a paragraph, choose another.
Part 2: Decode and Evaluate the Opinion
Give the opinion to the Opinion Decoder and work through it in order: the parties, the facts, the procedural history, the issue, the rule, the holding, and the court’s reasoning. The AI translates the judge’s formal language into plain English, but you supply the text and check every statement it makes against the opinion. Then turn to the Reasoning Evaluator. Give it your reading of the case, including what you think the holding is and why the case matters, and let it show you where your reading is weak or wrong and what you missed.
Part 3: Draft Your Case Brief
Once your analysis holds up, use the Brief Builder to turn your notes into a formal brief. Your deliverable is a post of at least 300 words with a creative, headline-style subject line that captures the essence of the case the way a news story would. Write the brief in clear prose, and cover four elements. Identify the parties and what their dispute is about. State precisely what the trial court held, and describe accurately what the appellate court held. Then add your own insights into the court’s reasoning or the case’s broader significance.
Part 4: Share Chat Link
Include one AI chat link with a 1–2 sentence explanation of what the conversation shows and why you chose to share it.
Suggested AI Prompts
Use these prompts as a starting point, then adjust them to fit your goal. Strong prompting develops through trial, revision, and testing. It’s a foundational skill that grows into more advanced AI work such as context engineering and agent-based workflows.
Judicial Role Guide
Act as my legal studies tutor. Help me understand how caselaw differs from statutes and regulations. Explain how judges create precedent through written opinions and how those precedents shape the law over time. Break down trial court decisions, appellate review, and what it means when a decision is affirmed, reversed, or remanded. Use clear examples to show how one court decision can influence later cases. Keep your tone instructional and stay focused on the role of the judicial branch in the U.S. legal system.
Role assignment with a built-in syllabus. Because the prompt names every concept the lesson must reach, from precedent to remand, the model teaches your list instead of its own survey of the legal system.
Opinion Decoder
Act as a law school teaching assistant. I have selected a court opinion and want to understand it fully before writing a case brief. I will paste the text of the opinion. Walk me through it step by step, in this order: the parties and the facts, the procedural history in the trial court and on appeal, the standard of review if the opinion states one, the issue or issues, the rule, the holding, and the court’s reasoning. Note any concurring or dissenting opinions and whether the case was decided en banc. For each part, explain what it means and why it matters in this case. Work only from the text I give you; if the opinion does not say something, tell me so rather than filling it in. When we have finished, I will write the brief myself.
Decomposition plus source grounding: the fixed order breaks a dense opinion into small readings, and the rule against filling gaps keeps the model inside the text. Procedural details are easy for a model to invent and hard for you to catch, so its admission that the opinion is silent is your safeguard.
Reasoning Evaluator
Act as a demanding law professor. I am analyzing a court opinion for class and want you to review my thinking. I will give you a short summary of the case, what I believe the key holding is, and why I think the case matters as precedent, and I will paste the full opinion. Give me a critical, no-nonsense evaluation of my summary and reasoning. Point out weaknesses in my analysis, overstatements, misunderstandings of the court’s reasoning, and anything I missed about the case’s legal significance. Be direct and specific so I can improve my brief. Confirm that you understand, then ask me for my summary, and after that ask me for the opinion itself.
Red-teaming, with the order set on purpose: you commit to your own summary before the model sees the opinion. Its critique then measures your reading against the text, instead of replacing your reading with its own.
Brief Builder
Act as my legal writing instructor. I am ready to write a case brief and need help turning a court opinion into a clear, organized summary. Once I paste the opinion, guide me through a brief that explains who the parties are and what the dispute is about, what the trial court decided, what the appellate court decided, and my additional insights about the court’s reasoning or the case’s broader significance. Organize the material so I can revise it into a class post of at least 300 words written entirely in prose. At the end, suggest a headline-style subject line that captures the core of the case like a news article. Tell me when you are ready for the opinion.
Structured output matched to the deliverable. The prompt names the four elements and the final form, so the draft arrives in the assignment’s shape, and your revision time goes to checking each claim against the opinion.