Chapter 5—Case Law— Research and Briefing Case Brief Elements.

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Presentation transcript:

Chapter 5—Case Law— Research and Briefing Case Brief Elements

Case Brief Elements Citation Parties Facts Prior proceedings

Case Brief Elements Issue Holding Reasoning Disposition Comments

Chapter 5—Case Law— Research and Briefing Importance of Court Opinions

Learn the common law. Interpret constitutional or statutory law.

Importance (cont.) Understand the litigation process. Gain insight into legal analysis. Develop legal writing skills.

Chapter 5—Case Law— Research and Briefing Elements

Citation Caption Syllabus Headnotes

Elements (cont.) Key numbers Attorneys Judge

Elements (cont.) Body of opinion Facts Prior proceedings Issue/issues Holding Rule of Law

Elements (cont.) Body of opinion (cont.) Reasoning Disposition Concurring Opinion Dissenting Opinion

Chapter 5—Case Law— Research and Briefing Research

Statutory annotations Digests Computer-aided research—Chs. 9 and 10

Research (cont.) Updating –Shepard’s, Ch. 7 –Computer updating, Ch. 10

Research (cont.) Other sources—secondary sources, Chs. 7 and 8