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