After law school, she learned many life and professional lessons by clerking for a woman federal District Court judge in Philadelphia. In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts. . These cases are in one way or another relevant precedents so you can quickly look at them to see what courts have decided in the past in this particular area of the law. The techniques in the remainder of this section will describe ways to make full use of your highlighters. Applying the law to these facts Since freedom of speech is not absolute and Boffo is erecting large, gruesome statues in his front yard it is likely that the court will rule in favor of the city.
Separate Opinions Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. This article was co-authored by our trained team of editors and researchers who validated it for accuracy and comprehensiveness. His or her opponent is the appellee. Understanding the state of the law means having some knowledge of precedent decisions in the area under investigation. In this case, the manufacturer had discontinued the line of coats and Loman's was not prepared to sell other, designer leather coats at such a drastic markdown.
Some examples of threats include increasing competition and higher interest rates. Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. Pencil or pen — which is better to use when annotating? The key proposition sentence then goes at the beginning of your paragraph as the topic sentence because it orients the reader. Reasoning The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did. A brief should be brief! At this point the name of the case changed to Laird v. Your analysis should include all relevant citations to other cases, statutes, and rules the Court considered when arriving at its decision. Refer to to guide you at this stage.
Concurring and dissenting opinions hold lots of law professor fodder, and you can be ready by including this part in your case brief. In Hertz, the court noted that plaintiff's employee confidentiality agreements enhanced plaintiff's claim that its manufacturing process was a trade secret. If there is a dissenting or concurring opinion, a summary should be included in your case brief. First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. As you feel more comfortable, you can combine your discussion of two cases into a single sentence, or you can combine your discussion of a case with your analysis of your facts all in a single sentence. A court may weigh the fact that Ms.
At a minimum, however, make sure you include the four elements listed above. Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. The more writing you do, the more thinking you do, the better you should become at it. The beginning part introduces the issue by providing the readers with the setting and the protagonist. Since the losers often appeal to a higher court, this can get confusing. Primarily, the choice of the case study should be based on the decision of the people involved in the setting. Set it off with quotation marks or underline it.
The body of the essay must be illustrative of the thesis statement, and the conclusion must be well-grounded in what has come before. Compare the strengths and weaknesses within the company to the external threats and opportunities. At the same time the judgment must be analyzed and its socio-political impacts discussed. Be sure you have included both. What rule, statute, or ordinance must the court interpret to make this decision? Then you should disregard everything below and conform to the template.
While this guide focuses more on the structure of a written brief, you should keep most of the elements when doing a book brief as well. You talk about cases to show your writer how a rule operates and how judges have applied it in the past. Don't let personal issues and opinions cloud your judgment. Other law journals also attempt to supply accounts of the evolving state of the law in a variety of areas. Your conclusion can convey that you are completely confident the court will rule as you predict or that, given the state of the legal authority, the outcome is really a toss-up and could go either way. Dimitri of the system's secrecy by telling Ms.
Thus, as a general rule for organizing your Analysis paragraphs, as mentioned above: 5. The person who must respond to the petition, that is, the winner in the lower court, is called the respondent. A former art instructor, high school counselor and party planner, Christine Bartsch writes fashion, travel, interior design, education and entertainment content. In Gates Rubber, plaintiff copyrighted its computer program. This is probably the most difficult aspect of the case to determine. However, attending law school isn't strictly necessary to acquire this valuable skill.
Case studies are written on the behalf of the clients, explaining the setting and the reasons behind the parties in a suit. If you decide that, based on the rules and the business strategy, the business is losing money, explain what you think the business needs to do to increase its profit margin. Law, science, psychology, medicine, business and education -- these fields all use case studies to glean quantifiable data from anecdotal situations both in the classroom and professional world. It will allow you to mark off the different sections such as facts, procedural history, or conclusions , thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing. The rules used by the court to apply the law to a case's facts typically are precedents established by previous court decisions in similar cases. Apply the law to the fact situation, stating the probable outcome of the case; 4. Guidelines for Writing a Case Study Analysis A case study analysis requires you to investigate a business problem, examine the alternative solutions, and propose the most effective solution using supporting evidence.