IP -1 Cjones
In each unit, you will prepare a case brief. To learn how to write a case brief, read the Web page:
“How To Brief A Case” (
http://www.4lawschool.com/howto.htmhttp://www.4lawschool.com/howto.htm)
Follow these guidelines when preparing your case briefs. To prepare a case brief, read:
The Matimak Trading Co. v. Khalily and D.A.Y. Kids Sportswear Inc. case and prepare a case brief.
Please submit your assignment.
For assistance with your assignment, please use your text, Web resources, and all course materials.
Citation (e.g. 410 U.S. 113 (1973))
Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.
 
Procedure: Most of the cases that are read in law school will be appellate court decisions. In this section, you want to list what happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section.  Who brought the case, who won, who is appealing and why?
 
Issue(s): What is/are the question(s) facing the court? Frame the issue in a question in a way that they can be answered by yes or no.
 
Holding: How did the court answer the issue question(s)? YES/NO?
 
Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this section. List what the law was before this case was decided and how the law has changed after this decision. Law professors love to discuss the reasoning of a case in class discussions.
 
Concurring/dissenting opinions: Even though I read the concurring and dissenting opinions, I rarely brief them. However, there are some cases (e.g. Youngstown Sheet & Tube Co. v. Sawyer) where the concurring or dissenting opinions end up becoming more important than the opinion of the majority.  In such cases, you should add this section to your case brief. ·
 
See “How To Brief…