Friday 8 August 2014

FOR LAW STUDENTS



To fully understand the law with respect to cases, you need to be able to read and understand court decisions. To make this task easier, you can use a method of case analysis that is called briefing.
There is a fairly standard procedure that you can follow when you “brief” any court case. You must first read the case opinion carefully. When you feel you understand the case, you can prepare a brief of it.
1.    CITATION
2.    FACTS
3.    ISSUES
4.    DECISION
5.    REASON

1.    Citation
Give the full citation for the case, including the name of the case, the date it was decided, and the court that decided it.
2.    Facts
Briefly indicate
(a) The reasons for the lawsuit;
(b) The identity and arguments of the plaintiff(s) and defendant(s), respectively; and
(c) The lower court’s decision—if appropriate.


Zone de Texte: To fully understand the law with respect to cases, you need to be able to read and understand court decisions.
 













3.    Issue
Concisely phrase, in the form of a question, the essential issue before the court. (If more than one issue is involved, you may have two—or even more—questions here.)

4.    Decision
Indicate here—with a “yes” or “no,” if possible— the court’s answer to the question (or questions) in the Issue section above.

5.    Reason
Summarize as briefly as possible the reasons given by the court for its decision (or decisions) and the case or statutory law relied on by the court in arriving at its decision.
        By Nana Arnold

1 comment:

  1. NOTED.....We will consider all...*facts, obiter dictum, Ratio decidendi and so on*...Thanks sir(Barr.)

    ReplyDelete