chpt 4 Flashcards
1
Q
case brief
A
A short summary of a reported case.
2
Q
reported case
A
A published judicial decision.
3
Q
trial brief
A
A document submitted to the court; the trial brief contains a statement of facts, the issues, the party’s legal argument, and the conclusion.
4
Q
THE COMPONENTS OF A CASE BRIEF
A
- Who are the parties?
- What happened in the lower court(s)—if the case is an appeal?
• What happened to bring these parties into court in the first place?
• What is the legal question before this court?
• What rules (primary law) did the court rely on in reaching its decision?
• How did the court analyze the facts in light of the legal question and the rules?
• How did the court resolve the dispute?
These components may be divided into the following elements: name and citation of the case, judicial history, facts, issue(s), rule(s), analysis/reasoning, and holding.
5
Q
The judicial history
A
(sometimes referred to as the procedural history) explains how the case traveled through the courts.
6
Q
rationale
A
The reasoning or explanation for the court’s ultimate resolution of the case.
7
Q
holding
A
The legal principle to be taken from the court’s decision.
