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.
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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.
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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.
ILLUSTRATION A RULEStatutes, Ordinances, Bill ...
LAW REVIEW ARTICLESThere are commentaries between the cases.
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WHY BRIEF ACASE?
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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
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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?
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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
How to Brief a Case?
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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
How to Brief a Case?
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SAMPLE CASE
Source: http://www.lawnerds.com/guide/briefing.html#WhyBriefaCase?
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SAMPLE BRIEF
Source: http://www.lawnerds.com/guide/briefing.html#WhyBriefaCase?
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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
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