CITING AND BRIEFING CITING AND BRIEFING CASESCASES

(OR HOW I WENT NUTS IN LAW SCHOOL IN SEVEN DAYS)(OR HOW I WENT NUTS IN LAW SCHOOL IN SEVEN DAYS)

CITING CASESCITING CASES

JACOBSON V UNITEDJACOBSON V UNITED STATESSTATES, 503 U.S. 540, , 503 U.S. 540, 112 S.Ct. 1535 (1992) 112 S.Ct. 1535 (1992) Lexus 2117Lexus 2117

JACOBSONJACOBSON

Plaintiff – the party who started the suitPlaintiff – the party who started the suit

also will be eitheralso will be either

Appellant – the party who lost at the trial Appellant – the party who lost at the trial and is taking the case to a higher courtand is taking the case to a higher court

ororAppellee – the party who won at the trial Appellee – the party who won at the trial

and is defending in the higher courtand is defending in the higher court

UNITED STATESUNITED STATES

Defendant – the party being sued in the Defendant – the party being sued in the original caseoriginal case

also will be eitheralso will be either

Appellant – the party who lost at the trial Appellant – the party who lost at the trial and is taking the case to a higher courtand is taking the case to a higher court

ororAppellee – the party who won at the trial Appellee – the party who won at the trial

and is defending in the higher courtand is defending in the higher court

LEGAL CITATIONLEGAL CITATION

503 U.S. 540, 112 S. Ct. 1535503 U.S. 540, 112 S. Ct. 1535

503 & 112 – Volume of Digest503 & 112 – Volume of Digest

U.S. & S.Ct. – Names of DigestU.S. & S.Ct. – Names of Digest

540 & 1535 – Pages of Digest540 & 1535 – Pages of Digest

YEAR DECIDEDYEAR DECIDED

(1992)(1992)

LEXUS SYSTEMLEXUS SYSTEM

LEXUS 2117LEXUS 2117

UNDERSTANDING THE UNDERSTANDING THE CITATIONCITATION

JACOBSON V UNITEDJACOBSON V UNITED STATESSTATES, 503 U.S. 540, , 503 U.S. 540, 112 S.Ct. 1535 (1992) 112 S.Ct. 1535 (1992) Lexus 2117Lexus 2117

OTHER EXAMPLESOTHER EXAMPLES

Cohen V DeLaCruzCohen V DeLaCruz, 523 U.S. 213, 118 , 523 U.S. 213, 118 S.Ct. 1212 (1998) Lexus 2119S.Ct. 1212 (1998) Lexus 2119

44 Liquor Mart, Inc. V Rhode Island44 Liquor Mart, Inc. V Rhode Island, 517 , 517 U.S. 484, 116 S.Ct. 1495 (1996) Lexus U.S. 484, 116 S.Ct. 1495 (1996) Lexus 30203020

Fishman v Estate of WirtzFishman v Estate of Wirtz, 807 F.2d.520, , 807 F.2d.520, (1986) 7(1986) 7thth Circuit, Lexus 34177 Circuit, Lexus 34177

STATE CASESSTATE CASES

State v SkatesState v Skates, 104 Ohio St. 3d. 195 , 104 Ohio St. 3d. 195 (2004) Ohio-6391(2004) Ohio-6391

Krause v Spartan Stores, Inc.,Krause v Spartan Stores, Inc., 158 158 Ohio App3d 304 (2004) Ohio-4365Ohio App3d 304 (2004) Ohio-4365

Lemming v MorganLemming v Morgan, 228 Ga. , 228 Ga. App.763, 492 S.E.2d 742 (1997) App.763, 492 S.E.2d 742 (1997) Lexis 1264Lexis 1264

HOW TO BRIEF A CASEHOW TO BRIEF A CASE

START BY READING THE ENTIRE CASE.START BY READING THE ENTIRE CASE.

START BY READING THE ENTIRE START BY READING THE ENTIRE CASE.CASE.

START BY READING THE ENTIRE START BY READING THE ENTIRE CASE.CASE.

START BY READING THE START BY READING THE ENTIRE CASE.ENTIRE CASE.

HOW TO BRIEF A CASEHOW TO BRIEF A CASE

START BY READING THE ENTIRE CASE.START BY READING THE ENTIRE CASE.

1.1. IDENTIFY THE PARTIESIDENTIFY THE PARTIES

2.2. IDENTIFY THE FACTSIDENTIFY THE FACTS

3.3. DISCUSS THE PROCEDUREDISCUSS THE PROCEDURE

4.4. WHAT IS/ARE THE ISSUESWHAT IS/ARE THE ISSUES

5.5. WHAT WAS THE COURT HOLDINGWHAT WAS THE COURT HOLDING

6.6. WHY (REASONING)WHY (REASONING)

BRIEFING A CASEBRIEFING A CASE

WHO ARE THE WHO ARE THE PARTIES?PARTIES?

PLAINTIFF?PLAINTIFF?

DEFENDANT?DEFENDANT?

APPELLANT?APPELLANT?

APPELLEE?APPELLEE?

IDENTIFY THE FACTSIDENTIFY THE FACTS

REMEMBER, REMEMBER, ONLY THOSE ONLY THOSE IMPORTANT IMPORTANT

TO THE TO THE APPEALAPPEAL

DISCUSS THE DISCUSS THE PROCEDUREPROCEDURE

1.1. WHAT COURT DID THE CASE START IN?WHAT COURT DID THE CASE START IN?

2.2. WHO STARTED IT?WHO STARTED IT?

3.3. RESULTS?RESULTS?

4.4. WHO APPEALED?WHO APPEALED?

5.5. TO WHERE?TO WHERE?

6.6. DECISION?DECISION?

7.7. WHO APPEALED?WHO APPEALED?

8.8. TO WHERE?TO WHERE?

WHAT IS/ARE THE WHAT IS/ARE THE ISSUES?ISSUES?

WHY IS THIS CASE BEFORE WHY IS THIS CASE BEFORE THIS COURT?THIS COURT?

(not the previous court, this court)(not the previous court, this court)

WHAT IS THE WHAT IS THE DECISION?DECISION?

WHAT DID THIS WHAT DID THIS COURT DECIDE?COURT DECIDE?

(No other court, just this court. NOT THE (No other court, just this court. NOT THE MINORITY BUT THE MAJORITY!)MINORITY BUT THE MAJORITY!)

WHY?WHY?

WHAT IS THE REASON FOR WHAT IS THE REASON FOR THIS COURT’S DECISION?THIS COURT’S DECISION?

(NOT THE REASON FOR A PREVIOUS COURT’S (NOT THE REASON FOR A PREVIOUS COURT’S DECISION. NOT THE DISSENT. BUT WHAT DECISION. NOT THE DISSENT. BUT WHAT

THE MAJORITY DECIDED!)THE MAJORITY DECIDED!)

PAPER NO. 1PAPER NO. 1BRIEFING A CASEBRIEFING A CASE

A. READ AND FOLLOW THE RULES IN THE A. READ AND FOLLOW THE RULES IN THE SYLLABUS.SYLLABUS.

B. ANSWER THE 6 QUESTIONS:B. ANSWER THE 6 QUESTIONS: IDENTIFY THE PARTIESIDENTIFY THE PARTIES WHAT ARE THE FACTSWHAT ARE THE FACTS

DISCUSS THE PROCEDUREDISCUSS THE PROCEDURE WHAT IS/ARE THE ISSUESWHAT IS/ARE THE ISSUES

WHAT WAS THE COURT HOLDINGWHAT WAS THE COURT HOLDING WHY (REASONING)WHY (REASONING)

BRIEFING A CASE, BRIEFING A CASE, CONT’D.CONT’D.

USE PROPER GRAMMARUSE PROPER GRAMMAR

CHECK SPELLINGCHECK SPELLING

KISSKISS