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How To Brief A Case Presentation
How To Brief A Case Presentation
ANNOUNCEMENTS
Legal English
October 9, 2019
ANNOUNCEMENTS
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BRIEFING A CASE
KEEP IN MIND…
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Case Name
Facts
Issues
Rule(s) of Law
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Court’s Reasoning
Comments/Questions
NAME/CITATION
• 606 F. Supp. 2d 101: The reader can find the case at Volume 606 of the Federal
Supplement reporter, Second Series, beginning on page 101. (it would also be available on
the web by searching this citation.)
• (S.D. Ohio): The court is the United States District Court for the Southern District of
Ohio.
• (2006): The case was decided in 2006.
FACTS
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PROCEDURAL
HISTORY
ISSUE
• Question (or questions) presented for the court to solve, or rule on, based on
the laws that are in place and/or any prior court decisions interpreting those
laws
• Can be more than one issue
• Usually “procedural” or “substantive”
• Procedural issues ask whether the correct process was used for this case in
litigation
• Substantive issues ask questions about laws and how they apply to the facts
in question/particular situations
Procedural
• Were the rules of litigation followed correctly?
• How the case came to be in front of them (maybe
an incorrect jury instruction was given below;
maybe evidence was considered that shouldn’t
PROCEDURAL have been)?
VS. Substantive
SUBSTANTIVE
• What does this law mean in this context?
• Does a certain law or statute apply to the
situation at hand (i.e. a farmer is challenging a
residential zoning regulation that he says does not
apply to his farming land)?
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HOLDING
Look for
“We find “For these
“Thus we hold accordingly reasons we
that…”
that…” conclude that…”
JUDGEMENT
RULES OF LAW
Look for:
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STATE V. WORLEY
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OVERVIEW OF EXERCISE
INSTRUCTIONS