Briefing Law Cases Prompt
1. Follow the rules on briefing cases
http://profj.us/briefingcases.htm
How to Brief a Case
1. "The facts of a case suggest an Issue."
2. The cases you read will also contain language that signals the important issue. For instance, the judge will simply state:
"The case turns upon the question whether...." OR "We come then to the basic issue in the case."
3. Questions to ask when reading a case:
* What facts and circumstances brought these parties to court?
* Are there buzzwords in the facts that suggest an issue?
* Is the court deciding a question of fact - i.e. the parties are in dispute over what happened - or is it a question of law - i.e. the court is unsure which rule to apply to these facts?
* What are the non-issues?
4. "The issue is covered by a Rule of law."
For every case you read, extract the rule of law by breaking it down into its component parts. In other words, ask the question: what elements of the rule must be proven in order for the rule to hold true?
5. Questions to ask when reading a case:
* What are the elements that prove the rule?
* What are the exceptions to the rule?
* From what authority does it come? Common law, statute, new rule?
* What's the underlying public policy behind the rule?
* Are there social considerations?
6.The trap for the unwary is to stop at the rule. Although the rule is the law, the art of lawyering is in the analysis.
7. "Compare the facts to the rule to form the Analysis."
8. Questions to ask when reading a case:
* Which facts help prove which elements of the rule?
* Why are certain facts relevant?
* How do these facts satisfy this rule?
* What types of facts are applied to the rule?
* How do these facts further the public policy underlying this rule?
* What's the counter-argument for another solution?
9. "From the analysis you come to a Conclusion as to whether the rule applies to the facts."
10. Questions to ask when reading a case:
* What's the holding of the case?
* Has the holding modified the existing rule of law?
* What is the procedural effect of the holding? Is the case overturned, upheld or remanded for retrial?
* Does the holding further the underlying policy of the rule?
* Do you agree with the outcome of the case?
11. Step 1: The facts of a case suggest an Issue. The legal issue would not exist unless some event occurred.
Step 2: The issue is governed by a Rule of law. The issue mechanically determines what rule is applied.
Step 3: Compare the facts to the rule to form the Analysis. Do the facts satisfy the requirements of the rule?
taken from http://www.lawnerds.com/guide/irac.html
12. Rules of law break down into three main types:
* Common Law: The courts have developed common law over time based on principles of justice, equity and the morals and ethics of the time. Scholars collect the common law into volumes called the Restatements.
* Statutory Law: Congress or state legislatures write statutes, which results in laws that are primarily influenced by special interest groups. A body of law is sometimes collected in a model code or uniform statute, such as the Uniform Commercial Code or the Model Penal Code.1
* Constitutional Law: Constitutional law flows from the U.S. Constitution as interpreted by the Supreme Court.
In your first year of law school, you'll primarily be focused on the common law. Common law is judge-made law. Judges base their decisions on principles that have developed over time within the judicial system. The rule itself is really just a series of definitions. If the facts of the case fit within the definition, then the rule applies.
The model codes are an attempt by the legal scholars and the federal government to have consistent laws between different states. The state legislature may adopt the model code as its base, then amend it to conform with the common law traditions in that state.
13. Extracting the Rule There are three steps in rule extraction.
Step 1: Identify the rule in case law.
Step 2: State the rule in your own words and list each element that needs to be proven.
Step 3: State the public policy behind the rule.
14. Look for a declarative sentence that addresses the issue the court is trying to resolve.
Some language that identifies the rule:
* "As a matter of common law...."
* "In this jurisdiction..."
* "The more modern rule is..."
* "Contracts are void when..."
* "The present case is controlled by..."
15. Most students just copy the rule from the casebook verbatim into their notes. The more astute student restates the rule in her own words in order to get a clearer sense of what has to be proven in order to apply the rule.
Stating the rule is a two-part process.
Part 1: Restate the rule in your own words in order to clarify that you understand it and remember it better.
Part 2: Break the rule into elements that must be satisfied in order for the rule to apply.
Breaking the rule into elements makes it easier for you to analyze the rule in a given set of circumstances. This is a crucial step in organizing your analysis and in outlining. By breaking the rule into elements - i.e. its terms of art - you will be better able to scan your notes easily to get the gist of the principle when studying for an exam.
16. Operators that help create a rule
* IF - THEN
* AND, OR
* BUT NOT
* UNLESS
* HOWEVER
* WHILE
* WHENEVER
* EXCEPT
* EXCEPTIONS
17. Step Three: State the Public Policy behind the Rule
The final step is to state the underlying public policy or doctrine behind the rule. Answer the question: Why does this rule exist? What societal goals, if any, are furthered by this rule? Is the rule merely one of fairness or equity or is there some economic justification for the rule?
taken from: http://www.lawnerds.com/guide/rules.html#TaxonomyofRules
18. the briefing formula:
IRAC (Issue, Rule, Analysis, and Conclusion) forms the fundamental building blocks of legal analysis. It is the process by which all lawyers think about any legal problem. The beauty of IRAC is that it allows you to reduce the complexities of the law to a simple equation.
ISSUE -> What facts and circumstances brought these parties to court?
RULE -> What is the governing law for the issue?
ANALYSIS -> Does the rule apply to these unique facts?
CONCLUSION-> How does the court's holding modify the rule of law?
review website: http://www.lawnerds.com/
2. Use the below rubric to guide you in providing the content, format, and analysis required in each law case brief
CASE BRIEF
GRADING RUBRIC
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Outstanding
A
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Proficient
B
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Adequate
C
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Inadequate
D/F
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Case Name and Citation
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Complete case name and properly formatted citation appear at the top of the case brief
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Complete case name is provided but citation is incomplete
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Complete case name is provided but no citation is give
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Neither the case name nor the citation appears at the top of the case brief OR both case name and citation are incorrect.
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Operative Facts
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Operative facts are relevant to the issue being examined by the court and are logically organized.
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Facts are relevant to the question being answered but lack coherence or organization.
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Irrelevant facts are included. Lack of logical organization.
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Relevant facts are omitted or lost in discussion of unrelated information.
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Procedural Facts
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Procedural history of the case is clearly and logically presented in proper chronology.
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Procedural history of the case is presented but chronology is confusing.
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Some procedural history is presented.
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No procedural history is presented.
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Issue/Short Answer
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Includes all elements (applicable law, issue being examined and relevant facts) in a well crafted, grammatically correct question.
Answer responds to question being posed.
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Issue is separately articulated, but does not include all elements; applicable law, issue being examined and relevant facts.
Answer responds to question being posed.
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Issue is not separately articulated, but implied through description of facts or discussion of law.
Answer does not respond to question being posed.
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Issue is not articulated
No answer is given.
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Law
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Law is correct and is relevant to the question being answered. Rule(s) of law succinctly paraphrased rather than quoted.
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Law is correct and is relevant to the question being answered, but is not paraphrased
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Rules of law are used in providing answer, but it is unclear if writer understands the law and is properly applying it.
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Rules of law are omitted from answer or incorrect law is used.
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Rationale
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The court’s reasoning is presented in a clear and logical fashion, leading the reader to an understanding of the rationale behind the law.
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Law is applied to the facts, but the underlying rationale is not clear.
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Analysis is unclear, causing the reader to question whether the law is correct.
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No analysis of the law is given.
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Writing Mechanics
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Sentence structure, grammar, punctuation are substantially correct.
Each component‘s material is logically organized and presented in a clear, concise manner.
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Sentence structure, grammar, punctuation are substantially correct.
Organization is logical but needs better consistency and clarity.
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Adherence to rules of writing is poor.
Material lacks organization and/or is unclear, making it difficult to understand.
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Rules of writing are ignored or misunderstood.
No apparent logic to the organization of the material. Writing lacks clarity.
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**above adopted from case grading rubric - AAFPE.org website
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