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How to brief a case

by: Madeline

How to brief a case PS-2440


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About this Document

Heres how to brief.
Law and Legal System
Dr. Campbell
Class Notes
25 ?




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This 3 page Class Notes was uploaded by Madeline on Tuesday September 27, 2016. The Class Notes belongs to PS-2440 at Middle Tennessee State University taught by Dr. Campbell in Fall 2016. Since its upload, it has received 4 views. For similar materials see Law and Legal System in Political Science at Middle Tennessee State University.

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Date Created: 09/27/16
How to brief a case Wednesday, August2:19 PM16 Deceptively Simple: "the process of Identify the cause of action: applying the law to specific facts" (the basis for the claim) • Enacted Law Necessary for a court to make a decision ○ Not going to come up very much in this semester Necessary to include in a case brief to discuss in class. ○ Comes up in constitutional law Relevant facts are VERY important ○ Most of what you learn in the first year is common law ○ Enactment by a body CASE BRIEF Caption Of The Case: Parties/Players in the case: Important facts: Procedural History (what happened below): • Common Law Legal Issue: ○ Law that is common among many places Plaintiff's Argument: Defendant's Argument: Rule (legal principle being applied): Analysis (Reasoning): Common Law v Enacted law Court Holding (who wins?): Whichever category if falls under Concurring/Dissenting Opinions: Disposition (what happened to the case If none, there is no case after the court's opinion) • Facts (aka "substantive facts") • Procedural History (aka "procedural facts") ○ Look to see where the case started out ○ Find out what happened there ○ What happened when it was appealed • Facts (aka "substantive facts") • Procedural History (aka "procedural facts") ○ Look to see where the case started out ○ Find out what happened there ○ What happened when it was appealed ○ Was it appealed a 2nd time? • Issue ○ Must resolve this conflict • Rule ○ Has elements ○ Legal rule that will be aplied to the facts that we have developed. • Holding (reasoning) ○ Applying the rule to the facts ○ Will have the disposition • Concurring/dissenting opinions ○ If it's there its there for a reason. Try to figure out why. CASE BRIEF The Distressed Grandfather Caption Of The Case: The Distressed Grandfather Parties/Players in the case: • Grandfather • Grandson • Driver Important facts: Procedural History (what happened below): Legal Issue: Plaintiff's Argument: Defendant's Argument: Rule: Analysis (Reasoning): Court Holding (who wins?): Plaintiff's Argument: Defendant's Argument: Rule: Analysis (Reasoning): Court Holding (who wins?): Concurring/Dissenting Opinions: Disposition (what happened to the case after the court's opinion)


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