Attached Files:
(Click on the 3rd attachment above to open the case). See page 43 in text
- Review instructions below on how to brief a case
- Take note of the sample provided….(your brief does not have to be as long as the sample (1-2 paragraphs p/section). Be sure to provide all information below)
- Use Case Brief form
#1 Title/Citation: The title and citation of a case should contain the following information: The case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook.#2 Facts: The facts are important in a case, as it is what has happened to bring the case to court. The facts need to be more than one or two sentences. It should consist of paragraphs. This section is necessary because legal principles are defined by the situations in which they arise. Include in your brief only those facts that are legally relevant. A fact is legally relevant if it had an impact on the case’s outcome. For example, in a personal injury action arising from a car accident, the color of the parties’ cars seldom would be relevant to the case’s outcome. Similarly, if the plaintiff and defendant presented different versions of the facts, you should describe those differences only if they are relevant to the court’s consideration of the case. Because you will not know which facts are legally relevant until you have read and deciphered the entire case, do not try to brief a case while reading it for the first time.#3 Issue(s): In this section, state the factual and legal questions that the court had to decide. To analyze a case properly, you must break it down into its component parts. Issue(s) involves what is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.#4 Decision(s): Decision(s) is how did the court answer the issue question(s)? YES/NO? In this section, separately answer each question in the issues section. For quick reference, first state the answer in a word, either “yes” or “no.” #5 Reasoning: Reasoning describes the final disposition of the case. Did the court decide in favor of the plaintiff or the defendant? What remedy, if any, did the court grant? If it is an appellate court opinion, did the court affirm the lower court’s decision, reverse it in whole or in part, or remand the case for additional proceedings?
