1. How to read legal case reports (How to write case briefs)

2. A case report consists of: Title of the case Title of the case Facts Facts Legal issue Legal issue Reasoning Reasoning Holding Holding Comments Comments

3. Title of the case Title of the case 1. Adams v. Jones Plaintiff against defendant Plaintiff against defendant 2. General Electric Co. v. G. Siempelkamp GmbH & Co. 29 F. 3d 1095 (1994) 29 F. 3d 1095 (1994) United States Court of Appeals United States Court of Appeals Sixth Circuit Sixth Circuit

4. Facts (1) Parties (2) Prior proceedings (3) Theories of the parties (their different claims) (4) The objectives of parties (5) Legally significant facts and background facts

5. Legal issues: Legal issue is point or points of law addressed by the case Legal issue is point or points of law addressed by the case How to find out the legal issue while analyzing the case How to find out the legal issue while analyzing the case ---- Compare the claims of opposite parties and the key argument is usually the legal issue of the case, which is presented to judge to make decision. ---- Compare the claims of opposite parties and the key argument is usually the legal issue of the case, which is presented to judge to make decision. more than one more than one legal issues ≠ disputes of parties legal issues ≠ disputes of parties

6. Legal reasoning: relevant rules relevant rules Reasoning the application of those rules the conclusion the court reached the conclusion the court reached Macro-analysis Macro-analysis Micro-analysis Micro-analysis

7. 5. Holding 6. Comments

8. A sample case analysis 1. W hat happened in this case? 2. W hat is the legal issue of this case? 3. W hat rule or principle should be applied in this case? 4. W hat holding does the court? 5. H ow does the judge reason out such holding?

9. Case analysis (1): A wrote a letter to B, saying that he would offer $30 to buy a horse from B and he stated if he did not receive any words from B, he would assume that horse to be his. B did not reply and sold that horse to C. So A took B to the court. If you were a judge, which party would you support?

10. Case analysis (2): On September 14th, 1983, company A which headquartered in Shenzhen and company B which headquartered in Hongkong entered into a contract on sales of cars. According to the contract, B would deliver cars to A no later than Sep, 24th, and A would pay HK 43,000 to B within 7 days after receipt of the car. As HKD became depreciated and freight rates went up later, B proposed that the car price should be raised and the delivery date should be postponed as well. However, A had no response to such proposal. B took for granted that A approved tacitly. Thus B failed to deliver the car to A. Therefore A sued B for damages. What’s your decision on this case?