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30 Cards in this Set
- Front
- Back
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Format for briefing cases
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1 Name and Citation
2. Court 3. Judicial History 4. Facts 5. Issues 6. Holdings 7. Reasoning 8. Decision 9. Concurring Opinions 10. Dissenting Opinions |
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What are the elements of Name and Citation
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1. Two names separated by v.
2. Underlined or itallicised 3. Only last names unless part of title or organization |
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Does a citation require the listing of additional plaintiffs or defendants
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No:
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Are all citations required?
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Yes: Both formal and informal
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Does the year of the decision always follow the citation
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Yes:
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What is the Judicial History?
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It is called the " Procedural Posture."
o What judicial relief the plaintiff was seeking when the case was first brought o What decisions were made in the lower court as to the rights of the parties |
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May a defendent bring a cross complaint or a counter claim?
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Yes:
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Why are the facts of any case very important?
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Because everything flows from the facts.
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What facts are important in the brief
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Only the facts that the court relied upon to make the decision. Must separate the wheat from the chaff
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How do you determine the facts in a case in order to prepare a brief?
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You read the entire case first so that you do not over brief.
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How much of a case brief should be dedicated to the facts of the case?
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The facts should be presented in three or four sentences
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Do judges play around with the facts in precedent setting cases?
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Yes: They try to fit their finding to the facts.
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Do judges try to make the winner of the case an object of sympathy?
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Yes: This justifies the judges decision:
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What is an Issue?
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This is the principal of law that the court is considering
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How are issues presented?
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Issues are presented as questions of law
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What are the two ways that issues can be presented
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Issues can be framed either narrowly or broadly.
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What is the best way for a beginner to fram an issue?
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Narrowly in terms of the particular facts in the case. Later this can be broadened.
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What potential problem flows from issues that are framed too broadly
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They may reach too far and thus not hold
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How narrow can an issue be framed?
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An issue should always be framed in terms slightly larger than the particular case at hand
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What is the maximum number of issues usually found in a case?
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There are rarely more than three
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What is a holding ?
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A holding answers the question and settles the principal of law raised by the issue. Holdings shoud be stated narrowly at first, then broadend
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What ultimately determines how broad a holding will be?
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Later courts
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How many holdings will there typically be in a case?
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Most courts deceide a case by resolving one or two issues, so there are rarely more than two holdings
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What is dicta?
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Issues discussed by the court, but not necessary to resolve of the case.
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Is dicta binding ?
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No, Only a holding is.
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Can you rely on principles in the headnotes.
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Not usually, This is normally Dicta
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What must a holding do?
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Must answer questions of law raised by issues
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How many holdings are there in a case?
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There are only as many holdings as there are issues
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How many sets of issues and holdings are there in a case?
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There are only as many as is necessary to dispose of the case
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What is the function of "Reasoning" in a case brief?
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Reasoning explains the logical basis of the holding
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