how to read legal case reports (how to write case briefs)

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How to read legal case How to read legal case reports reports (How to write case (How to write case briefs) briefs)

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Page 1: How to read legal case reports (How to write case briefs)

How to read legal case reportsHow to read legal case reports(How to write case briefs)(How to write case briefs)

Page 2: How to read legal case reports (How to write case briefs)

1. Title of the case

e.g., Mary Cereghino, Appellant

v.

Mart J. Vershum, and

Janet Coffyn, Respondents

Supreme Court of Oregon,

In Banc

Page 3: How to read legal case reports (How to write case briefs)

(1) “ In Re Payne”---- no adversary parties, only one party in the case(2) “ Ex Parte Payne”---- the court procedure with only one party’s

participation(3) “United States v. Stevens”---- public prosecution (One party is State or

Federal Government Agency.)(4) “United States v. 45 Barrels of Whisky”---- action based on in rem or quasi in rem

jurisdiction

Page 4: How to read legal case reports (How to write case briefs)

2. Facts

(1) Parties

(2) Prior proceedings

(3) Theories of the parties

(4) The objectives of parties

(5) Legally significant facts and background facts

Page 5: How to read legal case reports (How to write case briefs)

(1)Parties

“Defendant-appellant-tortfeasor”

“Plaintiff-respondent-victim”

Page 6: How to read legal case reports (How to write case briefs)

(2) Prior proceedings

“Trial court found against the defendant;

Defendant appealed;

Court of appeals reversed the trial court’s decision;

And now this appeal is before the supreme court.”

Page 7: How to read legal case reports (How to write case briefs)

(3) Theories of the parties “Plaintiff’s claim: breach of contract; false

imprisonment Defendant’s defense (contention): lack of

consideration; consent”(4) The objectives of parties “getting specific performance; getting damages in the

amount of $55,000; getting acquitted”(5) Legally significant facts and background facts

Page 8: How to read legal case reports (How to write case briefs)

3. Legal issues• more than one• legal issues ≠ disputes of parties• issues of facts / issues of law relevant rules

4. Reasoning the application of those rules

the conclusion the court reached

• Macro-analysis• Micro-analysis

Page 9: How to read legal case reports (How to write case briefs)

• Macro-analysis A Reasoning Method: Syllogism --All void contracts have no legal force. (major premise) --All contracts against fairness doctrine are

void contracts. (minor premise) ∴All contracts against fairness doctrine have

no legal force. (conclusion) e.g., Tarbert Trading LTD v. Cometal, Inc

Page 10: How to read legal case reports (How to write case briefs)

Tarbert Trading LTD v. Cometal, Inc major premise: All illegal contracts are void and unenforceable.minor premise: The contract between Cometal and Tarbet for

sale of red beans is illegal (because an illegal certificate of origin is involved).

Conclusion: The contract between Cometal and Tarbet is illegal and void, and their disputes can’t be settled by the court.

Page 11: How to read legal case reports (How to write case briefs)

• Micro-analysis(1) parties’ different argumentations towards

“legal issue” judge’s attitudes / opinions towards their

argumentationsA. argumentation of parties: “claim”, “allege”,

“complaint”, “assert”, “contend”, “argue”, “urge”…

B. Opinions of judge: “I agree”, “I don’t think.’ …

Page 12: How to read legal case reports (How to write case briefs)

5. Holding: the last declaration

Memorandum opinion

concurring opinion

dissenting opinion

( affirmed, reversed, modified, vacated)

6. Comments (reaction)