【NOTES】How to brief a case
what is a case?
1.a lawsuit between two or more people.
2.the two [defendant&plaintiff]have a trial and one party wins while the other loses
3.the lose party want to appeal[appellate court]
4.The appeals courts usually make their decisions in writing[called an opinion]
5.the opinion is saved[a text case]
6.The Common Law is the result of hundreds of saved cases.
what is a brief?
1.a summary of an appellate court opinion
Why bother summarizing cases?
1.a habit to summary do good to learn case ,especially the longer one.
Are there other kinds of legal briefs?
1.YES
2.learning how to brief a case is an essential skill that must be mastered and will be used 3.throughout every person’s legal career.
4.In this discussion we will focus on briefs for use in the law school classroom.
Are there different kinds of briefs intended for classroom purposes?
1.Standard Classroom Format,
2.Bullet Point Briefs
3.Book Briefs,
4.Professional Briefs,
5.“Jockey”
How To Brief A Case
1.find certain elements
CASE NAME
FACTS
ISSUE
DECISION
2.the Facts are the circumstances which occurred between the parties that resulted in a lawsuit. The Issue is the legal question to be answered by the court. And, the Decision is what was decided by the court.
3.“IRAC” stands for Issue, Rule, Application, Conclusion
CASE NAME
FACTS
ISSUE ISSUE
DECISION RULE
APPLICATION
CONCLUSION
4.For purposes of understanding a case,add one more element, the rational
(1) CASE NAME
(2) FACTS
(3) ISSUE ISSUE
(4) DECISION (4a) RULE
(4b) APPLICATION RATIONALE
(4c) CONCLUSION
5.first thing you must do is read it and study it.
6.Look up every word that you do not thoroughly understand.
7.START HOW TO BRIEF
(1) CASE NAME. a title.e.g Smith v. Jones
Under the title, include the name of the court rendering the opinion
Under the court, indicate the year that the decision was rendered (e.g., 1998)
always reproduced at the top of every opinion
most appellate courts list the name of the party that filed the appeal first
Appellant or Petitioner and the Appellee or Respondent
(2) FACTS. the story of what happened to the parties
catch important facts,keep in mind the ultimate point made by the court
simply look at the section of your casebook where the case has been reproduced
look at the reasons why the court reached its decision
1.a lawsuit between two or more people.
2.the two [defendant&plaintiff]have a trial and one party wins while the other loses
3.the lose party want to appeal[appellate court]
4.The appeals courts usually make their decisions in writing[called an opinion]
5.the opinion is saved[a text case]
6.The Common Law is the result of hundreds of saved cases.
what is a brief?
1.a summary of an appellate court opinion
Why bother summarizing cases?
1.a habit to summary do good to learn case ,especially the longer one.
Are there other kinds of legal briefs?
1.YES
2.learning how to brief a case is an essential skill that must be mastered and will be used 3.throughout every person’s legal career.
4.In this discussion we will focus on briefs for use in the law school classroom.
Are there different kinds of briefs intended for classroom purposes?
1.Standard Classroom Format,
2.Bullet Point Briefs
3.Book Briefs,
4.Professional Briefs,
5.“Jockey”
How To Brief A Case
1.find certain elements
CASE NAME
FACTS
ISSUE
DECISION
2.the Facts are the circumstances which occurred between the parties that resulted in a lawsuit. The Issue is the legal question to be answered by the court. And, the Decision is what was decided by the court.
3.“IRAC” stands for Issue, Rule, Application, Conclusion
CASE NAME
FACTS
ISSUE ISSUE
DECISION RULE
APPLICATION
CONCLUSION
4.For purposes of understanding a case,add one more element, the rational
(1) CASE NAME
(2) FACTS
(3) ISSUE ISSUE
(4) DECISION (4a) RULE
(4b) APPLICATION RATIONALE
(4c) CONCLUSION
5.first thing you must do is read it and study it.
6.Look up every word that you do not thoroughly understand.
7.START HOW TO BRIEF
(1) CASE NAME. a title.e.g Smith v. Jones
Under the title, include the name of the court rendering the opinion
Under the court, indicate the year that the decision was rendered (e.g., 1998)
always reproduced at the top of every opinion
most appellate courts list the name of the party that filed the appeal first
Appellant or Petitioner and the Appellee or Respondent
(2) FACTS. the story of what happened to the parties
catch important facts,keep in mind the ultimate point made by the court
simply look at the section of your casebook where the case has been reproduced
look at the reasons why the court reached its decision
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