Introduction to United States Law.PPT

Legal Writing Professor Gary Chodorow Beijing Foreign Studies University 2006-07 Semester II Stare Decisis Is Stare Decisis a Good Doctrine? Strengths: Stability certainty in the law Certainty in the law Promote fairness Judicial efficiency and credibility Weaknesses: Bad precedent is binding. Common law evolves too slowly. Law is not neatly stated. Exercise: Hierarchy of Authority II. TYPES OF LEGAL REASONING See LW Mindmap Class 4: BRIEFING CASES OFFICE MEMORANDA I. BRIEFING CASES Why? Improve comprehension. Helpful for analogizing or distinguishing cases Cheat sheet for Qs in class. Helps study for exams in common law class. Process of Writing a Case Brief Read case once for “big picture” Make margin notes (e.g., “F” for facts). Facts (or other parts) may be scattered in various places throughout opinion. Write brief. Be concise. Paraphrase. Revise your brief based on class discussion. Parts of a case brief: Caption Parties Procedural History Facts Issue Holding Reasoning Judgment Separate Opinion Analysis Writing the Case BriefCaption Costanza v. Seinfeld (N.Y. Sup. Ct. 1999) Writing the Case BriefParties E.g.: guy (pl) v comedian allegedly using his likeness in sitcom (def) Writing the Case BriefProcedural History E.g.: Motion to dismiss claim for damages under NY common law NY Civil Rights Law sec. 50 51. Writing the Case BriefFacts Pl alleges character George in Seinfeld sitcom is based on him w/out his permission (same last name; short, bald, fat; friend of Seinfeld from college; from Queens) Pl alleges this portrayal is humiliating (George is a self-centered loser) Writing the Case BriefIssue I Format: Under [specific law], is [specific legal issue] where [important facts]? Writing the Case BriefIssue I (cont’d) I. Under NY common law, does a person have a valid claim for breach of the right of privacy, where his name and likeness are used in a sitcom without his written consent? Writing the BriefHolding I Format: [Decision]. [Rule]. [R