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Stairss to briefing a case

3. Identify the case facts. Following, province the facts of the case. This subdivision is necessary because legal rules are defined by the state of affairss in which they arise. Include in your brief merely those facts that are lawfully relevant. A fact is lawfully relevant if it had an impact on the case 's result. For illustration, in a personal hurt action originating from a auto accident, the colour of the parties ' autos rarely would be relevant to the case 's result. Similarly, if the complainant and suspect presented different versions of the facts, you should depict those differences merely if they are relevant to the tribunal 's consideration of the case. Because you will non cognize which facts are lawfully relevant until you have read and deciphered the full case, do non seek to brief a case while reading it for the first clip.

simple than reading a 100-page long case verbatim ) . In other words, a case brief boils down a tribunal sentiment to the cardinal elements and discusses the kernel of the court’s sentiment. These basic elements are the facts of the case, the peculiar legal issue that is at inquiry in the case, the specific legal regulation of jurisprudence that is applicable to the case, the application of that regulation of jurisprudence to the facts of the case, and so the court’s holding/conclusion. With the exclusion of the specific regulation of jurisprudence ( which should about ever be quoted ) , the case brief should be a drumhead and paraphrasing of the court’s sentiment in your ain words. This forces you to understand the court’s sentiment much more profoundly. In this class, I extremely promote you to analyze together sing reading and apprehension of the instances ; nevertheless ***PREPARATION OF YOUR FINAL CASE BRIEF MUST Be YOUR Own INDIVIDUAL WORK*** .

A. Rule: What regulation of jurisprudence is announced in the case? A tribunal foremost must denote a specific commanding rule of jurisprudence ( e.g. the tribunal 's reading of a constitutional proviso, NOT the constitutional proviso itself! ) that applies to the issue in the case. This is besides the abstract, general legal rule that will be applied to all future instances affecting this issue, utilizing this case as a case in point, and it is of import to understand under what factual fortunes the regulation applies. Often the tribunal will normally explicate why the regulation is being created or applied, such as the beginning of the regulation, or the policy behind the regulation bing, and besides will frequently explicate why any option regulations proposed by the parties or the dissenting justnesss are being rejected. Here the tribunal normally looks at the words of a constitutional or statutory proviso, the original purpose behind that jurisprudence, and public policy statements. These are non the regulation itself, but the account of, or justification for, the regulation. You must cite exactly the existent regulation itself ( but non the account for the regulation ) that the tribunal eventually adopts and decides to use ; the existent diction of the regulation itself is known as the “black missive law.” The regulation itself must be quoted because every word affairs: there is a immense difference between “a” and “the” or between “may” and “must” etc. But the justification for the regulation should be chiefly in your ain words.

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