Briefing

Case found on link below:

http://scholar.google.com/scholar_case?case=6578017345834751953&hl=en&as_sdt=6&as_vis=1&oi=scholarr

Briefing
A Brief is a legal tool. As Judges make rulings, their rulings become law to other judges. Cases are briefed in order to determine the legal rule from a particular case. This is very often true when cases apply existing law to new facts. Because of that the facts are extremely important.
Briefs are not book reports or a synopsis of a case.
There is a format. It is very simple. The case name, at the top with the citation. The body has four sections: Facts, Issue, Holding and Reasoning.
The case name is easy. It is usually first. It isn’t brain science and is based on the names of the parties.
The citation isn’t difficult but you aren’t used to it. Just copy it verbatim and I am not real worried about either the citation or name. Put them on so I know what I am reading and your name as well so I know who did it. Other than that don’t worry about it.
The Facts are the relevant facts. Depending on the case there can be a lot of facts or a few facts. If the case were about proportioning liability between two drivers in a car wreck, the color of the cars probably doesn’t matter. If one of them were speeding or ran a stop sign that would be important.
The Issue is the hard. I didn’t learn how to do it for years in law school, I don’t expect you to have it your first time. Half of you will make the same mistake. Is someone guilty? That doesn’t tell us anything about the facts. The right question is: “Is some one guilty of “?” when they “?”. It should be a yes or no question.
The Holding is pretty simple. Depending on your “Issue” it is a yes or no. You can add an explanatory sentence. May want to. May not. Depends on the case.
The Reasoning is why. Why the Court ruled the way it did. This is important. Even if a case you looking at is different the concept may be the same.

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