How to Prepare a Case Brief free essay sample

If Flan. R. App. P. 9. 800 is not applicable, use either Bluebook or LAID citation form. ) PROCEDURAL HISTORY: (Summarize the holdings of any previous courts and the disposition of the case by these courts. Explain how the case got to this court, e. G. , interlocutory appeal, summary Judgment, etc. This explains where the case has been and what happened prior to its arrival at this court. It will be necessary to trace back and determine what he decision of each lower court or administrative body was in the actions prior to those involved in the case you are reading. Ex: Appeal from Judgment of dismissal. It is significant to note if the prior decisions were from a trial court or an appellate court or both. Most of the opinions you will read will be those of appellate courts. Be sure to briefly identify the parties and the relief they were seeking or the defenses they raised. We will write a custom essay sample on How to Prepare a Case Brief or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This should be a record of the Judicial history of the case so it should be written in the past tense. ) STATEMENT OF FACTS: Summarize the legally significant/relevant/materials facts of the case; that is, those facts which were relied on by the court in reaching its decision and those that affect the outcome of a case. Identify the parties by name and indicate the role of parties involved in the litigation, I. E. , plaintiff, defendant, appellate, appellant, etc. So that the reader can understand the relationship that each person has to the others and to the litigation. Select names which clearly identify each person and be consistent with the use of that name throughout the document. This should be a well-organized narrative statement; not a list. A chronological presentation is usually the best. Note tort the read be written in tense. ISSUE(S): are in dispute e must always the past (A case may present one or several issues or questions being decided by this court. Identify what the parties asked the court to determine. Phrase the issue so that it has some relevance to the case at hand. The issue is a question that should be stated in broad terms so it incorporates some of the relevant facts of the case, e. G. , Does a conditional threat constitute an assault? You should set forth a legal issue, not a factual issue. The issue must contain enough legally significant facts to allow the reader a clear understanding of the problem. Thus, in a criminal action where the defendant pleads the unconstitutionality of a statute under which he was convicted as a defense, the issue should be stated in terms of the alleged unconstitutionality of the statute rather than as a simple question of whether or not the defendant should go to Jail. Issues should be one sentence in length. There are three ways issues can e phrased: 1. Direct question: Is pointing an unloaded gun at a person an assault? 2. The whether format: Whether pointing an unloaded gun at a person is an assault? 3. The under format: Under Florida law, is pointing an unloaded gun at a person an assault? Preferred formats = Direct or under. Avoid whether format (sentence fragment). The issue MUST always be in the form of a question and should be written in the present tense. Beware of issues which ask should, can, or may someone do something. ) P rovide the answer to the question(s) being resolved by this court. How did this court answer the legal issue(s) addressed in the majority opinion? Not simply a yes or no answer. Give the answer in a complete sentence and incorporate some of the courts reasons for the answer. Give a very brief and direct response to the issue and an indication of the courts action. The holding and decision must always be written in the past tense. If you set forth three issues, then you will need three separate answers. Each answer should be no more than two sentences in length.