Subject: Law
Topic: Case Brief for Stanford v. V.F. Jeanswear, LP
Directions:
1. ReadthefulljudicialopinionofStanfordvs.VFJeanswearstraightthroughatleastonce.
2. Readtheopinionagain,notingthelisteditemsbelowinthemarginsofthedocument.
3. BegincreatingyourcasebriefusingthetemplateprovidedonCanvasintheCaseBriefingExercise.
Include the following information in you case brief:
Title
Identify the title. The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing. See “parties” below for more explanation.
Date
List the date the opinion was published.
Court
Indicate the court issuing the opinion (e.g., The Superior Court of Pennsylvania).
Citation
List the case’s citation. The citation tells you how to locate the reporter of the case in the appropriate case reporter and generally looks like this: 656 N.W.2d 592 (2003)
Parties
Identify the parties to the case. They may be referred to as plaintiff, the one who initiated the law suit, and defendant, the one being sued. However, if the case is on appeal to a higher court, the parties might be referred to as appellant, the person appealing the outcome of the last court’s decision, or appellee, the one not appealing the outcome of the case.
Procedural History
Provide the procedural history. This is what happened in the legal system before the case came before this court. This can include the charges or counts within the complaint and possibly the outcome of a lower court’s decision if the case is on appeal to a higher court, such as “defendant convicted,” “conviction upheld by appellate court,” or “Supreme Court granted certiorari.” This length of this section will vary based on the case, but it should be no more than three sentences.
Facts
Provide a summary of the facts of the case, showing the nature of the litigation, who sued whom, and based on what occurrences. The facts are often conveniently summarized at the beginning of the court’s published opinion. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. The length of this section will vary case by case, but it should be about 4-6 sentences long.
1
Issues
Identify the legal issue or issues in the case. These are also sometimes called “questions presented.” The issues are often stated explicitly by the court using the term “whether,” the phrase “the issue in this case is…”, or by posing the issue as a question. Often, there is more than one issue in the case. The headings in the opinion can help you identify the issues. When stating the issues in your case brief, phrase them in terms of questions that can be answered with a precise “yes” or “no.”
There should be one sentence stating each issue. For example, “Does the acceptance of a contract for the sale of goods need to be a mirror image of the offer in order for acceptance to be valid?”
Summary of the Arguments
Provide each side’s arguments. This may or may not be explicitly part of the opinion. If the parties’ arguments are not specifically mentioned, deduce what each side’s argument is based on the facts, the issues presented, and the judge’s reasoning. This section should be about 2-4 sentences long.
Decision/Holding
Provide the decision/holding of the case. The decision, or holding, is the court’s answer to an issue. If the issues have been drawn precisely, the holdings can be stated in simple “yes” or “no” answers or in short statements taken from the language used by the court. For example, for the sample issue listed above, the holding would be “no” or “no, acceptance in a sale of goods contract under the UCC does not have to be a mirror image like acceptance of a contract under the common law.” There should be one sentence with the holding for each issue in the case.
Court’s Reasoning
Summarize the court’s reasoning. The reasoning, or rationale, is the chain of argument which led the judges to rule as they did. This should be outlined point by point. The reasoning for each issue should be 4 – 6 sentences long, depending on the case.
Judgment/Order
Provide the judgement or order. This information will vary depending on the level of the court issuing the opinion. For a trial court, the judgment/order might be an order awarding a person a certain amount in damages, the issuance of an injunction, or the granting or denial of a motion for summary judgment or motion to dismiss. In cases on appeal, the judgment/order is usually in the form of “affirm” or “reverse” or “remand,” a direction as to how the case from the lower court should be treated. The judgment can be a phrase, like “affirm” or a short sentence.
Dissent or Concurrence Reasoning
If applicable, provide the reasoning of the dissenting or concurring opinion. When a judge helping to decide a case disagrees with the majority of the other judges, the judge may “dissent” and write his/her own reasoning as to why he/she disagrees with the outcome. Sometimes, a judge agrees with the ultimate outcome but disagrees with how the majority reached that outcome. In that case, the judge would write a concurring opinion. This section should be no more than four sentences in length.
Module 1 – Writing Assignment 1 – Instructions (2) Module_1_-_Case_Briefing_Exercise-1_(1) Module 1 – Cases – Chapter 2 (1)
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