Case Briefing Procedure 第一节课概要1.pptVIP

Steps in Briefing a Case Heading Statement of Facts Procedural History Legal Issues Arguments of the Parties Rule of Law Holding Reasoning of the Court Separate Opinions Additional Comments How to Brief a Case Steps in Briefing a Case Heading Statement of Facts Procedural History Legal Issues Arguments of the Parties Rule of Law Holding Reasoning of the Court Separate Opinions Additional Comments 1. Heading Case Name (parties) Citation Case Name: Identifying the Parties Trial Court Plaintiff – brings the case to court Defendant – defends against the case Appellate Court Appellant – attacks the trial court decision Appellee – defends the trial court decision Supreme Court Petitioner – attacks the appellate court decision Respondent – defends the appellate court decision Case Name Case Name: tells us who is opposing whom; who are the parties to the case. The parties could be individuals, companies, schools, governments. The name of the person or entity who initiated legal action in that particular court will usually appear first. This means that if a defendant files an appeal, in the appellate case the Defendant’s name will appear first and the Plaintiff’s last. This can get confusing. Citation Tells how to locate the case in the appropriate case reporter. Tells us the court that decided the case. Tells us the date of the decision Examples of Case Names and Citations U.S. District Court (trial court) Chatoff v. West Publg Co., 948 F. Supp. 176 (E.D.N.Y. 1996). Navajo Freight Lines v. Bibb, 159 F. Supp. 385 (S.D. Ill. 1958). U.S. Circuit Court (appeals court) Tillman v. Lebanon County Corr. Facility, 221 F.3d 410 (3d Cir. 2000). Haagen-Dazs Co. v. Masterbrand Distribs., 918 F.2d 183 (11th Cir. 1990). U.S. Supreme Court Brown v. Helvering, 291 U.S. 193 (1934). Office of Pers. Mgmt. v. Richmond, 496 U.S. 414 (1990). 2. Statement of Facts Identify the legally important facts Those facts that tend to prove or disprove an issue before the court. What happened before the