Reading & briefing

Highlighting well

The 20% of the opinion that matters — and how to leave the rest alone.

New law students highlight everything. Good briefers highlight the sentences the court actually leans on — usually five to eight passages per opinion. Scriba’s tag system is designed for that discipline: five colors, five sections, no chaos.

A working rule of thumb

  • One or two F highlights — the facts the court cites when applying the rule.
  • One I highlight — the question, usually the sentence starting with “The question is…” or “We must decide…”.
  • One or two R highlights — the rule statement itself, quoted.
  • Two or three A highlights — the court applying the rule to the facts.
  • One H highlight — the final rule the case now stands for.
If a passage doesn’t fit any of the five, resist the urge to tag it. Notes belong in the Notes panel, not the brief.