Brief Essay
In an upscale neighborhood, after that perhaps it could possibly argue that Its failure to provide protection patrols Is reasonable. If the business Is located In a crime-ridden area, Once briefing a case, your goal should be to reduce the data from the circumstance Into a file format that will provide you with a helpful reference in class as well as for review. Most Importantly, by “briefing” a case, you will grasp the problem the courtroom faced (the issuel the kind of law the court used to olve this (the rule)” how the court applied the rule to the facts (the application or “analysis”b and the outcome (the conclusion).
You may then be ready never to only go over the case, but to compare and contrast that to various other cases concerning a similar concern. Before attempting to “brief’ a case, read the case at least once, Follow the “IRAC” approach in agglomeration cases: Facts* Write a brief summary from the facts since the courtroom found those to be. Get rid of facts that are not relevant to the court’s evaluation. For example , a business’s street address is probably not highly relevant to the court’s decision ot the issue ot whether the organization that old a detective method “able pertaining to the causing Injuries to the plaintiff. Nevertheless , suppose a buyer who was assaulted as she left The store Is definitely suing the business enterprise.
The customer statements that her Injuries were the realistically foreseeable response to the business’s failure to provide secureness patrols. If the business Can then be perhaps the consumer Is right. Rather than Including the street address In the case short, you may want to merely describe the type of neighborhood in which it Is located. Note: the time of time would be another relevant element in this case, amongst others). Procedural History* What court written the judgment: The united States Best Court?
The California Courtroom of Charm? The Ninth Circuit Court docket of Speaks? (Hint: Verify under the subject of the case: The Court and year from the decision will probably be given). When a trial court docket issued the choice, is it depending on a trial, or action for overview judgment, and so forth?
If an appellate court issued the decision, just how did the reduced courts decide the case? Concern What is problem presented for the court? Usually, only one issue will be talked about, but at times there will be more. What are the parties fighting about, nd what are they will asking the court to determine? For example , in the matter of the attacked customer, the matter for a trial court to determine might be perhaps the business had a duty to the consumer to provide protection patrols.
The response to the issue will help to eventually determine * This applies to case briefs only, rather than exams. use the IRAC technique In responding to exams: Issue, ‘Rule/Andlysls/Concluslon. hether the business Is liable for negligently failing to supply security patrols: whether the defendant owed plaintiff a duty of care, and what that duty of care Is usually, re important Issues in negligence claims. Rule(s): Figure out what the relevant guidelines of legislation are which the court uses to make it is decision. These types of rules will be identified and discussed by court.
For example , in the case of the assaulted buyer, the relevant guideline of legislation is that a property owner’s duty to prevent problems for invitees depends upon balancing the foreseeability with the harm up against the burden of preventive measures. There may be multiple relevant regulation of law to a circumstance: for example , within a negligence circumstance in which the accused argues loath the plaintiff assumed the risk of harm, the kind of rules of law may be the elements of neglectfulness, and the meaning of “assumption of risk” being a defense. Don’t just simply list the cause of action, such as “negligence” as a rule of law: What rule must the courtroom apply to the important points to determine the result?
Application/Analysis: This can be the most important part of the brief. The the courtroom will have analyzed the facts because of the rule, and probably considered all “sides” and arguments shown to that. How courts apply the rule towards the facts and analyze the case must be nderstood in order to properly predict final results in future cases involving the same issue. What really does the court consider to be a relevant fact provided the regulation of regulation? How does the court translate the guideline: for example , does the court consider monetary costs of providing security patrols in weighing the burden of preventive measures?
Will the court mean that if a business is in an unhealthy area, it should be willing to bear a greater cost for security? Stay away to basically repeat the particular court stated in analyzing the facts: exactly what does it imply to you? Summarize the ourt’s rationale in your words. Should you encounter a word that you do not understand, use a dictionary to find the meaning.
Bottom line What was the final outcome of the watch case? In one or two sentences, point out the court’s ultimate obtaining. For example , the organization did not are obligated to repay the attacked customer a duty to provide security patrols. Take note: “Case briefing” is a skill that you will develop throughout the semester.
Practice will help you develop this skill. Routinely, case briefs will be collected for functions of feedback. At any time, you could submit your case brief(s) for feedback.
