英美法律度(双语)第一章-案例阅读技巧.ppt

You may ask, how long should the facts be? There must be at least enough facts so that one can understand the problem being resolved by the court. The next section of the brief will be the issue. There should be enough facts (enough of the story) that the issue is raised or becomes apparent from a reading of the story. Usually, rules of law are not discussed in the facts. 5、State facts in the past tense; 6、Do not use legal conclusions or cite legal authority in your statement of facts; 7、Present facts accurately and objectively; 8、Apply a consistent organizing principle: （1）Chronology usually works best; （2）If you have multiple issues or parties, you might organize the facts by seperater topics Case Brief Exercise Kirksey v. KirkseySupreme Court of Alabama8 Ala. 131 (1845) [Appeal from judgment in the trial court] to the Circuit Court of Talladega ASSUMPSIT by the defendant, against the plaintiff in error. The question is presented in this Court, upon a case agreed, which shows the following facts: The plaintiff was the wife of defendants brother, but had for some time been a widow, and had several children. In 1840, the plaintiff resided on public land, under a contract of lease, she had held over, and was comfortably settled, and would have attempted to secure the land she lived on. The defendant resided in Talladega county, some sixty, or seventy miles off. On the 10th October, 1840, he wrote to her the following letter:  Dear sister Antillico--Much to my mortification, I heard, that brother Henry was dead, and one of his children. I know that your situation is one of grief, and difficulty. You had a bad chance before, but a great deal worse now. I should like to come and see you, but cannot with convenience at present. I do not know whether you have a preference on the place you live on, or not. If you had, I would advise you to obtain your preference, and sell the land and quit the country, as I understand it is very unhealthy, an