Brief Essay

In an upscale neighborhood, then perhaps it could argue that Its misery to provide shelter patrols Is reasonable. If the fear Is located In a crime-ridden area, When instruct a mooring, your goal is to reduce the in setion from the case Into a format that allow provide you with a helpful reference in categorize and for review.Most Importantly, by briefing a case, you will grasp the bother the coquet faced (the write upl the applicable law the flirt used to olve it (the draw rein) how the royal court applied the obtain to the facts (the application or analysisb and the issuing (the conclusion). You will then be ready to non only hold forth the case, save to compare and contrast it to other cases involving a similar edit. in the beginning attempting to brief a case, read the case at least once, do the IRAC method in briefing cases Facts* Write a brief compendium of the facts as the court found them to be. Eliminate facts that are not germane(predicate) to the cou rts analysis.For example, a businesss street bid is probably not relevant to the courts decision ot the issue ot whether the business that old a detective product Is able for the resulting Injuries to the plaintiff. However, figure a customer who was assaulted as she left Its store Is suing the business. The customer claims that her Injuries were the evenhandedly foreseeable result of the businesss failure to provide gage patrols. If the business Is then perhaps the customer Is right. Instead of Including the street dole out In the case brief, you may want to simply describe the pillow slip of neighborhood in which it Is located. Note the time of day would be other relevant factor in this case, among others). Procedural History* What court authored the vox populi The united States Supreme court of justice? The California Court of Appeal? The ordinal Circuit Court of Appeals? (Hint Check under the title of the case The Court and year of the decision will be given). If a tri al court issued the decision, is it based on a trial, or motion for summary judgment, etcetera? If an appellate court issued the decision, how did the lower courts decide the case? Issue What is the dubiety presented to the court?Usually, only one issue will be discussed, but sometimes there will be more. What are the parties fighting about, nd what are they asking the court to decide? For example, in the case of the assaulted customer, the issue for a trial court to decide might be whether the business had a duty to the customer to provide security patrols. The answer to the read/write head will help to ultimately determine * This applies to case briefs only, and not exams. use the IRAC method In answering exams Issue,Rule/Andlysls/Concluslon. hether the business Is nonresistant for negligently failing to provide security patrols whether the defendant owed plaintiff a duty of care, and what that duty of care Is, re key Issues in thoughtlessness claims. Rule(s) Determine what th e relevant chemical formulas of law are that the court uses to make its decision. These radiation patterns will be identified and discussed by the court. For example, in the case of the assaulted customer, the relevant rule of law is that a property owners duty to foil harm to invitees is determined by balancing the foreseeability of the harm against the burden of term of enlistment measures.There may be more than one relevant rule of law to a case for example, in a negligence case in which the defendant argues hat the plaintiff assumed the risk of harm, the relevant rules of law could be the elements of negligence, and the definition of assumption of risk as a defense. Dont just simply list the cause of action, much(prenominal) as negligence as a rule of law What rule must the court apply to the facts to determine the outcome? Application/ abstract This may be the most important portion of the brief. The court will have examined the facts in light of the rule, and probably con sidered all sides and arguments presented to it.How courts apply the rule to the facts and analyze the case must be nderstood in order to justly predict outcomes in future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule for example, does the court consider monetary costs of providing security patrols in weighing the burden of preventive measures? Does the court imply that if a business is in a dangerous area, then it should be voluntary to bear a higher cost for security? Resist the enticement to merely repeat what the court said in analyzing the facts what does it mean to you? summarise the ourts rationale in your own playscripts. If you encounter a word that you do not know, use a dictionary to find its meaning. induction What was the final outcome of the case? In one or dickens sentences, state the courts ultimate finding. For example, the business did not owe the assaulted custo mer a duty to provide security patrols. Note cheek briefing is a skill that you will develop throughout the semester. hold will help you develop this skill. Periodically, case briefs will be collected for purposes of feedback. At any time, you may submit your case brief(s) for feedback.