CaseStudy的案例剖析写作.doc

PAGE \* MERGEFORMAT PAGE \* MERGEFORMAT 1 Case Briefs for Research 1、编号索引(Citation) 2、当事方（Parties） E.g., in a tort case, parties include:defendant—appellant—tortfeasor; plaintiff—respondent--victim 诉讼历史（Prior Proceedings） E.g.,Trial court found against the defendant；Defendant appealed; Court of appeals reversed the trial court’s decision; To the end, this appeal is before the supreme court. 4、当事人的诉由(Theories of the Parties) E.g.,false imprisonment; breach of contract; consent; lack of consideration 5、寻求的法律救济(Objectives ) E.g.,getting specific performance; getting damages in the amount of $55,000; or getting acquitted 6、事实（Facts） legally significant facts background facts 7、确定争议焦点（Issue） E.g.,Did defendant Curties falsely imprison plaintiff Butterworth when he drove around in the car for seven hours without stopping to let her out? 8、法院的主张（Holding） E.g., Yes; Curties falsely imprisoned Butterworth because he used words or acts intended to confine Butterworth, he actually confined her in the car, and Butterworth was aware that she was confined. 9、分析(Reasoning) relevant rules; the application of those rules ; the conclusion the court reached 法官的附带意见（Dictum） 11、心得体会（Comments） Case Briefs for Class 1.Parties 2. necessary and relevant facts 3. claims 4. issues（issues of fact issues of law） 5. declaration; concurring opinion or dissenting opinion case study 1. Parties Plaintiff—Ohio State; Respondent—Matthew Reiner; Witness—Susan Batt, babysitter of the family ?2. Necessary Relevant Facts Respondent was charged with involuntary manslaughter in connection with the death of his 2-month-old son Alex, but he denied the charge and thought that Batt was the culpable party. Batt, as the witness of the trial, denied any involvement in Alex’s death and asserted her Fifth Amendment privilege. 3. Claims Reasons Respondent: denied child abuse and defended that the babysitter was the culpable party. Reasons: Respondent’s experts tes