Supplementary Material
SUPPLEMENTARY MATERIALS
FOR
COMMERCIAL LAW
COMPILED BY ELLEN MCINTOSH
HOW TO PREPARE A CASE BRIEF
Preparing a Case Brief for each of the cases on your course outline will enhance your understanding of the key elements in the case and will ensure that you are properly and completely prepare for class. Start by reading the case over quickly to gain a cursory understanding of it and then go back and look for the 5 key elements in every case. These 5 key elements are the facts, issues, law, application and conclusion. These elements are the basis for all legal analysis and because you will be asked on exams and assignments to engage in this process yourself, the exercise of doing a case brief will give you practice.
1. FACTS:
Note the legally relevant facts of the case. The legally relevant facts are those that the judge uses in the reasoning process and those that affect the outcome of the case. The Common Law system is based on the theory of precedent – that Judges must look to past cases with similar or identical facts from a higher or equal court to decide new cases. So, the case you are briefing may be useful to you again one day when you encounter your own situation with similar or identical facts to this case. The case you have briefed and understood will be your benchmark in deciding how to avoid this legal problem or resolve it in the future.
2. ISSUES:
The issue or issues in the case are the legal questions that the Judge is being asked to resolve by the litigants.
3. LAW:
For each issue, the judge must begin by explaining the past case law, statute law or law from academic sources that he or she will be applying. Spend some time working at finding the law in the cases that you are briefing as this is a source of law. Use your textbook to help you find the law and explain it.
4. APPLICATION:
For each issue, the judge will apply the law above to the facts. The judge will explain how the law may or may
FOR
COMMERCIAL LAW
COMPILED BY ELLEN MCINTOSH
HOW TO PREPARE A CASE BRIEF
Preparing a Case Brief for each of the cases on your course outline will enhance your understanding of the key elements in the case and will ensure that you are properly and completely prepare for class. Start by reading the case over quickly to gain a cursory understanding of it and then go back and look for the 5 key elements in every case. These 5 key elements are the facts, issues, law, application and conclusion. These elements are the basis for all legal analysis and because you will be asked on exams and assignments to engage in this process yourself, the exercise of doing a case brief will give you practice.
1. FACTS:
Note the legally relevant facts of the case. The legally relevant facts are those that the judge uses in the reasoning process and those that affect the outcome of the case. The Common Law system is based on the theory of precedent – that Judges must look to past cases with similar or identical facts from a higher or equal court to decide new cases. So, the case you are briefing may be useful to you again one day when you encounter your own situation with similar or identical facts to this case. The case you have briefed and understood will be your benchmark in deciding how to avoid this legal problem or resolve it in the future.
2. ISSUES:
The issue or issues in the case are the legal questions that the Judge is being asked to resolve by the litigants.
3. LAW:
For each issue, the judge must begin by explaining the past case law, statute law or law from academic sources that he or she will be applying. Spend some time working at finding the law in the cases that you are briefing as this is a source of law. Use your textbook to help you find the law and explain it.
4. APPLICATION:
For each issue, the judge will apply the law above to the facts. The judge will explain how the law may or may