CITING AND BRIEFING CASES (OR HOW I WENT NUTS IN LAW SCHOOL IN SEVEN DAYS)

CITING CASES JACOBSON V UNITED STATES, 503 U.S. 540, 112 S.Ct (1992) Lexus 2117 JACOBSON V UNITED STATES, 503 U.S. 540, 112 S.Ct (1992) Lexus 2117

JACOBSON Plaintiff – the party who started the suit also will be either Appellant – the party who lost at the trial and is taking the case to a higher court or Appellee – the party who won at the trial and is defending in the higher court

UNITED STATES Defendant – the party being sued in the original case also will be either Appellant – the party who lost at the trial and is taking the case to a higher court or Appellee – the party who won at the trial and is defending in the higher court

LEGAL CITATION 503 U.S. 540, 112 S. Ct & 112 – Volume of Digest U.S. & S.Ct. – Names of Digest 540 & 1535 – Pages of Digest

YEAR DECIDED (1992)

LEXUS SYSTEM LEXUS 2117

UNDERSTANDING THE CITATION JACOBSON V UNITED STATES, 503 U.S. 540, 112 S.Ct (1992) Lexus 2117 JACOBSON V UNITED STATES, 503 U.S. 540, 112 S.Ct (1992) Lexus 2117

OTHER EXAMPLES Cohen V DeLaCruz, 523 U.S. 213, 118 S.Ct (1998) Lexus Liquor Mart, Inc. V Rhode Island, 517 U.S. 484, 116 S.Ct (1996) Lexus 3020 Fishman v Estate of Wirtz, 807 F.2d.520, (1986) 7 th Circuit, Lexus 34177

STATE CASES State v Skates, 104 Ohio St. 3d. 195 (2004) Ohio-6391 Krause v Spartan Stores, Inc., 158 Ohio App3d 304 (2004) Ohio-4365 Lemming v Morgan, 228 Ga. App.763, 492 S.E.2d 742 (1997) Lexis 1264

HOW TO BRIEF A CASE START BY READING THE ENTIRE CASE.

HOW TO BRIEF A CASE START BY READING THE ENTIRE CASE. 1. IDENTIFY THE PARTIES 2. IDENTIFY THE FACTS 3. DISCUSS THE PROCEDURE 4. WHAT IS/ARE THE ISSUES 5. WHAT WAS THE COURT HOLDING 6. WHY (REASONING)

BRIEFING A CASE

WHO ARE THE PARTIES? PLAINTIFF?DEFENDANT?APPELLANT?APPELLEE?

IDENTIFY THE FACTS REMEMBER, ONLY THOSE IMPORTANT TO THE APPEAL

DISCUSS THE PROCEDURE 1. WHAT COURT DID THE CASE START IN? 2. WHO STARTED IT? 3. RESULTS? 4. WHO APPEALED? 5. TO WHERE? 6. DECISION? 7. WHO APPEALED? 8. TO WHERE?

WHAT IS/ARE THE ISSUES? WHY IS THIS CASE BEFORE THIS COURT? (not the previous court, this court)

WHAT IS THE DECISION? WHAT DID THIS COURT DECIDE? (No other court, just this court. NOT THE MINORITY BUT THE MAJORITY!)

WHY? WHAT IS THE REASON FOR THIS COURT’S DECISION? (NOT THE REASON FOR A PREVIOUS COURT’S DECISION. NOT THE DISSENT. BUT WHAT THE MAJORITY DECIDED!)

PAPER NO. 1 BRIEFING A CASE A. READ AND FOLLOW THE RULES IN THE SYLLABUS. B. ANSWER THE 6 QUESTIONS: IDENTIFY THE PARTIES IDENTIFY THE PARTIES WHAT ARE THE FACTS WHAT ARE THE FACTS DISCUSS THE PROCEDURE DISCUSS THE PROCEDURE WHAT IS/ARE THE ISSUES WHAT IS/ARE THE ISSUES WHAT WAS THE COURT HOLDING WHAT WAS THE COURT HOLDING WHY (REASONING) WHY (REASONING)

BRIEFING A CASE, CONT’D. USE PROPER GRAMMAR CHECK SPELLING KISS