IDIOMA INSTRUMENTAL II

BRIEF ING A CASEProfa. Cristina Godoy B. de Oliveira - FDRP/USP

IDIOMA INSTRUMENTAL I I

SUMMARY OFCONTENTSOUR MAINTOPICS TODAY

Briefing a Case: HistoryWhat is the structure of a Casebook?Why Brief a Case?How to Brief a Case?Example

Brief: summary of main facts, issues, rule and reasoningof a case that you are studying in class.

Requirements: Understand the case method.

History: In 1870, at the Faculty of Law of the HarvardUniversity, Professor Christopher Columbus Langdelldecided to use the case studies as an instructionalmethod. In order to keep students engaged, he used theSocratic method.

Importance: Students learn rules and legal reasoning.

Crist ina Godoy Bernardo de Ol ivei ra

HISTORYBRIEFING A CASE

THE STRUCTUREOF A CASEBOOKACTUAL CASE

Squib cases: single case or a single point of law froma case. In a casebook, it is a short summary of alegal action placed between more fully cited cases.(Source: USLegal, Inc)

Casebook:1) Actual Case;2) Students need to figure out the legal principle;3) Target: extract the relevant principle and reasoning;4) First Chapter: The Principal Case;5) Note Cases and Squib cases*;6)Different interpretation of the rule.



WHAT DO SQUIBCASES DO?

WHY IS IT IMPORTANT TO US?


1) Broaden the application of the rule;2) Narrow the application of the rule;

3) List exceptions to the rule;4) State a policy consideration;

5) Set up new factors to prove elements;6) Set up new tests to prove elements;

7) Show a dissenting rule;8) Exemplify a different rule in a different jurisdiction;9) Illustrate a different interpretation of the same rule.

Questions

ENDThe questions are at the end of

a case.

PRINCIPLESThe questions are posed tomake students think about

principles.

NO ANSWERThere is no answer. Sometimes,

there is a case indication tohelp students.

FOOTNOTESSHOULD I READ THEM?Yes, there are a lot of information in the footnotes.

ILLUSTRATION A RULEStatutes, Ordinances, Bill ...

LAW REVIEW ARTICLESThere are commentaries between the cases.

Crist ina Godoy bernardo de Ol ivei ra

WHY BRIEF ACASE?


Case briefs help to better comprehension

COMPREHENSION

In a Socratic dialogue, you will need a brief to answuerquestions

ANSWER QUESTIONS

A brief case will help you to complete an outline.

OUTLINE


Who is appealing onwhat issues?

What happened in thelower court?

Usually, an opinion startstelling us the legal issue.

Common phrases:"The question before us is

whether..."

"This case was broughtbefore us to decide

whether..."

Relevant facts thatbrought the parties to

court. Ex.: In a Tort case,an accident or injury is

described.When Courts leave out

the facts, studentsshould read a hornbook.

The court give a clearstatement of the rule

that controls the issue.There are two

possibilities: The judgereaffirms a principle oflaw or fashions a new

rule.

PROCEDURALHISTORY

LEGAL ISSUEFACTS OF

CASESTATEMENT

RULE

How to Brief a Case?


Policy is the outlines ofwhat a government is goingto do. It is a document, but

it can lead to new laws.

Rules don't stand bythemselves without any

sort of reason behind them.

It is a theory that gives adirection to the lower

courts.

Dicta does not carry weightas a precedent.

This is how and why thecourt fits the particular

facts and circumstancesof this case into the rule.

The reasoning is theAnalysis arm of IRAC

method.

It is the decision of the courton the issue.

Questions:1) Who wins?

2) Is the ruling of the lowercourt affirmed? Overturned?

Remanded for retrial?

POLICY DICTA REASONING HOLDING



It is a separate opinion inwhich one of the judges

agrees with the result buthas different reasoning.

When you brief a case, youshould make a note of the

different reasoning.

A judge who is not in themajority will write a dissent.

In your brief, answer thisquestion:

1) What principles does thedissenting judge disagree

with the majority on?

CONCURRENCE DISSENTS



SAMPLE CASE

Source: http://www.lawnerds.com/guide/briefing.html#WhyBriefaCase?


SAMPLE BRIEF

Source: http://www.lawnerds.com/guide/briefing.html#WhyBriefaCase?


IRAC STRUCTURE

METHOD

The IRAC method is a frameworkfro organizing your answer to abusiness law essay question.

Structure: Issue, Rule, Analysis andConclusion.

ISSUEBegin your answer by stating the issuepresented by the essay question.

RULEThe rule describes which law or test appliesto the issue. The rule should bestated as a general principal, and not aconclusion to the particular case beingbriefed.

ANALYSISThe analysis is the most important, and thelongest, part of your answer. Itinvolves applying the Rule to the facts of theproblem or question.Discuss both sidesof the case when possible.

CONCLUSIONThe conclusion is your answer to the Issue.State the result of your analysis.

IRAC STRUCTURE

Source:https://www.csun.edu/si tes/default/f i les/IRAC%20ANALYSIS_Saunders.pdf

"the battle of law school iswon in the footnotes."

THANK YOU

IDIOMA INSTRUMENTAL II

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