howtodocaseanalysis精选.ppt

How to read legal case reports(How to write case briefs)如何研读案例报告（如何撰写案例摘要） Case report the judicial opinions of judges Title Facts Legal issue Reasoning Decision (Holding) Law students’ case briefs concern one case and summarize everything important you need to know about a case. Title Facts Legal issue Reasoning Decision (Holding) Comment (critically thinking about the case) Title Adams v. Jones Plaintiff against defendant Title 2. General Electric Co. v. G. Siempelkamp GmbH Co. 29 F. 3d 1095 (1994) United States Court of Appeals Sixth Circuit 29 volume F. Federal Reporter 3d. the third series of those reports 1095 page Facts Parties Prior proceedings Theories of the parties (their different claims) The objectives of parties Legally significant facts and background facts Legal issue What is legal issue? Legal issue is the fundamental legal question the case raises. It is the legal problem presented to judge to make decision. How to find out the legal issue while analyzing the case? “Who wants what?” “Why did that party succeed or fail in getting it?” Compare the claims of opposite parties and the key argument is usually the legal issue of the case, which is presented to judge to make decision. Issue Presented: Formulate the main issue or issues in the form of questions, preferably with a yes or no answer. Legal reasoning: Legal reasoning is a process of logical reasoning made by judge. It explains the rational of the court in arriving at its decision. relevant rule of law Reasoning the application of those rules the conclusion the court reached Decision (Holding) A decision consists of the opinion of the judges hearing the case. “ The Court held that …” unanimous opinion majority opinion concurring opinion