FACTS State the facts of the case in your own words. Indicate which facts are operative, and which bear on the issues to be decided. Do not just repeat the judge’s words. Be brief. Often a sign of how well you understand the case is your ability to identify the relative importance of facts. Some cases may have many extraneous facts that do not need to be in your brief. Most certainly, some facts will be more important than others. Your task is to frame the problem by describing the facts that count, the ones that matter. The Procedural History This is the disposition of the case in the lower court(s) that explains how the case got to the court whose opinion you are reading. Include the the decisions of the lower courts.