内容法律英语

1、How to Brief a CaseStep-by-StepRole of CasebooksCasebooks: textbooks used in law school collection of various cases (mostly appellate and supreme court cases).Federal and State casesOld and modernPurpose: to survey various rules used by courts in deciding casesMajority rule v. minority ruleNOTE: nev

2、er meant to teach you law in a single state, just compare various laws nationwideChallenge: often no summaries of the law or rulesStudy StrategiesRead about the subject matter before you read the cases.Read the entire chapter before taking notes.Dont agonize over any one case.Dont take too many note

3、s.1. Read the Subject MatterCreate context for your cases. Learn about the legal rules before you read the cases.Read law materials discussing the legal subject before reading cases.Examples. Hornbooks, study summaries, online articles (if from a reliable source).Goal: Understand the legal rules for

4、 the subject before you read the cases so you can focus on how courts treat those rules and why the courts prefer one rule over another.2. Read the Chapter firstRead the whole chapter, or large sections of it BEFORE you start taking notes on cases.Chronology: Some casebooks present cases in chronolo

5、gical order (old to new) to show you how rules began and have changed to the modern rules.Context: Reading the chapter before taking notes helps give you context, you know why those cases are in your assignment.Goal: Figure out which cases are most important, which are just historical. Then focus yo

6、ur notes on the most important cases, spend less time on historical cases.3. Dont agonize over one caseRead every case at least twice to understand it, but do not waste too much time reading it too many times.First time: Read quickly focusing on important sections, try to skip details.Second time: R

7、ead more closely and begin to take notes (write a case brief). Do this after reading the rest of the cases assigned for the first time.4. Dont take too many notesFocus on the important points in the case. Too many details will overshadow (hide) the important parts of the case. KEY: Practice will hel

8、p you determine what is important and what is not important.Why make a case brief?Your assignment in the law firm!Do not focus on formalities. Case briefs will vary slightly from student to student.Find a system that helps you.Balance: include important information, do not waste time or get distract

9、ed by details.Case Brief FormatCause of ActionElement at issue in caseShort facts focusing on element at issueReasoningLegal Precedents: case law, statutes, etc.Policy Reasons (is it a good idea for society, a good rule, etc.)?Real Life: Is it practical, does it make sense?Case Brief FormatGood: Sho

10、rt, focuses on key issues for law students.Bad: Too short, ignores important issues you must understand for legal practice. Ignores information your professor might ask about in class.Proposed solution: Start by trying Case Brief format, then we will add the information you must know for legal pract

11、ice to create a more effective case brief.My Case Brief FormatTitle of case: Case name, court and year decided.Issue: What is the question asked to the court? Often the “element” in dispute. Facts: Focus on facts relevant to courts decision and the issue presented.Procedural history: What happened b

12、efore in this case (lower court)?Holding (rule): Short statement of rule adopted by the court in the case and the result of the case (who won).Reasoning: Why did the court adopt this rule?Legal PrecedentsPolicy Arguments and real world consequencesFacts or evidence that were persuasiveSUMMARY: Summa

13、rize why you think this case is important in your class. Compare it to other cases, link element at issue to larger cause of action, etc. Why did my professor make me read this?Example Case BriefTITLE: P v. D, the Court of the State, the Year You may include the case cite if you wish IssueWhat is th

14、e issue in case at stake? The question the court must answer.FactsWhat are the important, relevant facts of the case? Facts important for the courts decision.Enough facts to tell a brief story. Introduce parties brieflyGOAL: Just 2-3 sentences, no more than 1 short paragraph.ProcedureWhat was the pr

15、ocedural history in the case?History: what happened in the lower courts in THIS caseExample summary: Following a trial, the jury rendered a decision for plaintiff, defendant was liable for damages. Defendant appealed judges denial of motion for directed verdict (judge allowed jurys decision to be fi

16、nal decision).HoldingWhat was the legal decision in the case and who won?Rationale/ReasoningWhy did the court make that legal decision?Were they persuaded or bound by case precedents? Did they reject (or distinguish) other case precedents?Did they find policy arguments persuasive?Were there any facts or evidence that persuaded the cou