This is the general format that I follow in writing my briefs. I usually handwrite them, but in the event that I am short on time, I type my notes into my template.
Case Name –Year (Case Nickname to help you remember the case more easily ) |
Class Notes |
Facts:
–Parties
-Relevant information that influenced the course of events
P’s arg/D’s Couterarg
D’s arg/P’s Counterarg
Procedural Posture:
–What happened at the trial and appellate court levels
Issue:
–What is the legal question or issue of law that will be decided?
Holding/Rule:
–What is the majority’s answer to the question above?
-Which and how many justices are a part of the majority opinion?
Reasoning:
-What is the opinion of the majority?
-What are the principles, rules and other sources (social policy, restatements, UCC) used to decide this case)?
Concurring Opinion:
–Which Justice(s) agreed and why did their analysis differ from the majority?
Dissent:
–Which Justice(s) dissented and what was their reasoning/approach to the legal issue?
Questions to ask in class |
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