confidential & proprietary internal kaplan use only. pa 201 case law

Confidential & Proprietary • Internal Kaplan Use Only.

PA 201

Case Law


CASE LAW

*Court decisions are often referred to as case law or common law.

*Case Law is one of the primary sources of our law.

*There is both federal and state case law.


•Federal Court System

Federal Court System


Federal Courts of Appeals


State Court Systems


State Court Cases


•Each group of state courts is a separate system. State Courts of one state are not required to follow decisions made by courts of other states.

•State courts can consider other states’ court decisions for guidance in how to decide a case.

•Case Law can be found in books called reporters.

•Reporters are books of cases.

Case Law


Case Law: The U.S. Supreme Court

•Supreme Court cases can be found in 3 locations.

- The U.S. Reports (U.S.)

- The Supreme Court Reporter published by West

- The United States Supreme Court Reports, Lawyers Edition, published by Lexis


Case Law


Case Law

•Federal Court of Appeals or Circuit court cases can be found in the Federal Reporter. This can be abbreviated F., F.2d, or F.

•U.S. district court cases can be appealed to the Federal Circuit court that hears appeals from that district. There are 13 U.S. circuit courts of appeal.

•The decisions of the circuit courts are published in the Federal Reporter®.

•Citation format: 333 F.2d 120

37 F.3d 300


Case Law

• Federal district (trial) level courts are published in the Federal Supplement®.

• Only a selection of district court cases is reported.

• Citation format: 75 F.Supp. 225 13 F.Supp.2d 881


State Case Law

•Only state appellate-level opinions are reported in the National Reporter System. Trial-level decisions are not reported.

•Cases from all 50 states are published in one of seven regional reporters: Atlantic Reporter®, Southern Reporter®, South Eastern Reporter®, South Western Reporter®, North Eastern Reporter®, North Western Reporter®, and Pacific Reporter®.

•There are approximately 30 state reporters, which are reprints of one state’s cases from a regional reporter.


West Regional Reporter System

Seven Regional Reporters


STATE CASE LAW

•This is the first page from a volume in the Pacific Reporter. It lists the states that have cases published in the Pacific Reporter.


Field Trip

•Now let’s go onto Lexis and Westlaw and locate a few cases.

•507 F.Supp. 1091•825 F.2d 257•373 N.E.2d. 1123


Case Citation

•Bluebook rule 10 explains the basics of case citation.

•Case citation always follows the same format.- Pinpoint citation

•Tables to consult: Table 1 and Table 6

•Tabbing bluebook a good idea.

•Great Website for basics on citation: http://www.law.cornell.edu/citation/ •Go to Doc Sharing for a Bluebook powerpoint lesson

http://www.law.cornell.edu/citation/


Federal Case Citation

•United States Supreme Court:- Brown v. Helvering, 291 U.S. 193, 203 (1934).- Cammisano v. U.S. Senate Permanent Subcomm. on Investigations, 454 U.S. 1084 (1981).

•United States Court of Appeals or Circuit Court- Shames v. Cal. Travel & Tourism Op. Comm'n, 607 F.3d 611, 613 (9th Cir. 2010).- Little Princess Assocs. v. Passgo, Inc. 922 F.2d 832 (3d Cir. 1990).

•United States District Courts:- Haghighi v. Russian-American Broad. Co., 945 F. Supp. 1233 (D. Minn. 1996).- Natural Res. Def. Council v. Fox, 93 F. Supp. 2d 531 (S.D.N.Y. 2000).- McRae v. Publ'ns Int'l, 985 F. Supp. 1036 (D. Kan. 1997).


State Case Citation

•Main place to look is bluebook table 1.•States are in alphabetical order. Just flip to your state and find the correct court.•The basic set-up of the citation will still follow the format in bluebook rule 10.

•Examples:- Green v. State of California, 165 P.3d 118, 121 (Cal. 2007).

- Dalcor Mgmt., Inc. v. Sewer Rooter, Inc., 423 S.E.2d 419 (Ga. Ct. App. 1992).

- Slater v. Akron Exch. State Bank, 49 N.E.2d 344 (Ind. 1943).


Case Briefing

•A case brief is a summary of a case. You are asked to brief a case for this week’s assignment.

•When doing a case brief, you should not just copy what the court has said in its opinion word for word. You must put what the court has said into your own words.

•A well thought out and organized case brief will save you valuable time because you do not have to read the case again.

• In this course you will brief a case using the FIRAC method.


Facts:

• In this section you just list the facts of the case.

•Generally you should write the facts in chronological order. Tell a story with the facts.

•Make sure to include all legally significant facts.

•Conclude your fact section with the procedural history of the case.


Issue

•The Issue is the question that the court is being asked to decide.

•There may be several issues in any given case.

•Ask yourself while reading, “What question are the parties asking the court to resolve?”

•Generally, you will be briefing a case for the issue that you are researching.

•Look for language in the case to help you identify the issue.

•Phrase the issue in the form of a question.


Rule

•This section is also sometimes referred to as the holding of the case.

•A rule can be one of two things:- The answer to the issue before the court.- The rules or law that the court relied upon to reach their decision.


Analysis

•This section is also sometimes called the reasoning or rational section of the brief.

• In this section you tell your reader step by step how the court reached its answer.

•You should explain the law that the court relied upon to reach its conclusion. You should use the cases that the law that the court used, showing step by step the reasoning of the court.

•This will be the longest part of your brief.


Conclusion

•The conclusion is the court’s final decision on the legal issue.

• It is also the procedural result of the case.


Week 3 Assignment

•Please read through the following fact pattern. The fact pattern is one that you used last week.

•Samantha Smith came into your office. She was shopping at a local grocery store a few months ago and had an accident. While she was in the aisle with shower items she slipped and fell on some shampoo that had leaked out of one of the bottles.

•Samantha had to be taken to the hospital. She was diagnosed with a broken hip and had to spend the night in the hospital. She will also have to go through many months of physical therapy. Samantha has no healthcare insurance and is a young single mother to a 2 year old son.


Week 3 Assignment

•The store says that they were not aware of the spill of the shampoo. The store said that an employee checks the aisles for anything on the floors at the top of the hour. The day Samantha fell, the employee in charge of the aisle inspection was an older gentleman with glasses. The shampoo on the floor was a clear gel. She fell about 1:30 p.m. The store log says an inspection was last done at 12:45 p.m. The accident happened in a store in Indiana.

•Please conduct the basic research for this problem, using Westlaw, Then provide the following information:

•Find two cases that are mandatory authority for this problem.•Provide the following two items:

- A short brief of each case. A proper brief should include: the full bluebook citation, the facts, issue, rule, analysis and conclusion.

- Based on the findings of your research write a short FIRAC analysis applying one or both of the cases to the client’s problem.


Next…Bluebook citation!

Bluebook: Uniform Bluebook: Uniform Citation For Legal Citation For Legal

ReferenceReferenceLegal Studies Legal Studies

Kaplan UniversityKaplan University

When to Cite?When to Cite?

When you rely on and use legal sources and When you rely on and use legal sources and legal authorities in your own work, legal authorities in your own work, The The BluebookBluebook provides a systematic citation form provides a systematic citation form to “cite” those references.to “cite” those references.

The citation follows the discussion from the The citation follows the discussion from the source: It is clear that only personal source: It is clear that only personal rights that can be deemed "fundamental" or rights that can be deemed "fundamental" or "implicit in the concept of ordered liberty” "implicit in the concept of ordered liberty” are guaranteed personal privacy are guaranteed personal privacy Palko v. Palko v. ConnecticutConnecticut, 302 U.S. 319, 325 (1937)., 302 U.S. 319, 325 (1937).

How to Cite?How to Cite?

The order of the citation is important The order of the citation is important because each part identifies something in because each part identifies something in the reference that can lead the reader to the reference that can lead the reader to the original source as you found it.the original source as you found it.

Each legal source has its own particular Each legal source has its own particular order to follow and specific information order to follow and specific information that must be included in the cite.that must be included in the cite.

How to Cite Cases?How to Cite Cases?

A general case citation is as follows: A general case citation is as follows: Tom Reed Gold Mines Co. v. United E. Tom Reed Gold Mines Co. v. United E. Mining Co.Mining Co., 39 Ariz. 533 (1932). , 39 Ariz. 533 (1932).

Always underline or italicize case Always underline or italicize case names: names: Smith Corp. v. Doe Inc.Smith Corp. v. Doe Inc.

The “v.” is lowercase, is followed by a The “v.” is lowercase, is followed by a period, and is not “vs.”: period, and is not “vs.”: Paradise v. ParkerParadise v. Parker,,

Follow case names by a comma, which is Follow case names by a comma, which is not underlined or italicized: not underlined or italicized: Arizona v. FulminanteArizona v. Fulminante,,

volumevolume

How to Cite Cases?How to Cite Cases?

Do not include parties' first names, Do not include parties' first names, unless they are the name of a corporation: unless they are the name of a corporation: Baker v. John Smith Inc.Baker v. John Smith Inc.,,

If there is more than one plaintiff or If there is more than one plaintiff or defendant, use only the first party on defendant, use only the first party on each side. each side.

Do not abbreviate United States in a case Do not abbreviate United States in a case name: name: United States v. MichiganUnited States v. Michigan,,

Some words may be abbreviated, but do not Some words may be abbreviated, but do not abbreviate them if they are the first word abbreviate them if they are the first word of a party. Refer to the Bluebook for of a party. Refer to the Bluebook for common abbreviations. common abbreviations.

How to Cite Federal How to Cite Federal Cases?Cases?

U.S. Supreme Court: Cite to U.S. If it's U.S. Supreme Court: Cite to U.S. If it's not yet published there, cite to S. Ct., L. not yet published there, cite to S. Ct., L. Ed., U.S.L.W., or LEXIS, in that order of Ed., U.S.L.W., or LEXIS, in that order of preference. Do not include parallel cites: preference. Do not include parallel cites: Smith & Jones, Inc. v. CouchSmith & Jones, Inc. v. Couch, 401 U.S. 313 , 401 U.S. 313

(1985).(1985).

U.S. Circuit Courts of Appeal: Cite to F., U.S. Circuit Courts of Appeal: Cite to F., F.2d, or F.3d. Note no space between the F. F.2d, or F.3d. Note no space between the F. and the number. Include the circuit in the and the number. Include the circuit in the cite: cite: Davis v. EverettDavis v. Everett, 102 F.2d 24 (9th Cir. 1954)., 102 F.2d 24 (9th Cir. 1954).

How to Cite Federal How to Cite Federal Cases?Cases?

U.S. District Courts: Cite to F. Supp. U.S. District Courts: Cite to F. Supp. Note the space between the F. and the Note the space between the F. and the Supp. Include the district in the cite: Supp. Include the district in the cite: Flanders v. GlissandiFlanders v. Glissandi, 913 F. Supp. 885 , 913 F. Supp. 885

(C.D. Cal. 1996).(C.D. Cal. 1996).

How to Cite State How to Cite State Cases?Cases?

Cite to the regional reporter. Include the Cite to the regional reporter. Include the court in the cite:court in the cite: Hoyt, Inc. v. Irving-Johnson Corp.Hoyt, Inc. v. Irving-Johnson Corp., 425 , 425

P.2d 976 (Cal. App. 1976). P.2d 976 (Cal. App. 1976). Kearney v. LovejoyKearney v. Lovejoy, 777 P.2d 1024 (Cal. , 777 P.2d 1024 (Cal. 1993).1993).

How to Cite Cases How to Cite Cases Available Only in Available Only in

Lexis?Lexis? Vaughn v. WilsonVaughn v. Wilson, No. 95-124, 1995 U.S. , No. 95-124, 1995 U.S. Sup. Ct. LEXIS 3255, at *16 (1995).Sup. Ct. LEXIS 3255, at *16 (1995).

How to Cite How to Cite Quotations?Quotations?

Always give the exact page of a quote Always give the exact page of a quote (i.e. pinpoint cite), even when (i.e. pinpoint cite), even when paraphrasing:paraphrasing: "The Fourth Amendment protects people, not "The Fourth Amendment protects people, not

places." places." Katz v. United StatesKatz v. United States, 375 U.S. , 375 U.S. 76, 82 (1965). 76, 82 (1965).

How to Cite Statutes?How to Cite Statutes?

Federal Statutes: Federal Statutes: Cite to U.S.C. or Cite to U.S.C. or U.S.C.A. U.S.C.A. 12 U.S.C. § 1986 (West 1996). 12 U.S.C. § 1986 (West 1996). 12 U.S.C.A. § 1986 (1996).12 U.S.C.A. § 1986 (1996).

State Statutes: The form varies by state. State Statutes: The form varies by state. Cal. Pen. Code § 187 (West 1989). Cal. Pen. Code § 187 (West 1989). Neb. Stat. Ann. § 212-414(b) (West 1990).Neb. Stat. Ann. § 212-414(b) (West 1990). A.R.S. § 1-101 (2005).A.R.S. § 1-101 (2005).

How to Cite How to Cite Constitutions?Constitutions?

Federal: Federal: U.S. Const. amend. XX U.S. Const. amend. XX U.S. Const. art. I, § 2, cl. 3U.S. Const. art. I, § 2, cl. 3

State: State: Cal. Const. art. XIVCal. Const. art. XIV

How to Cite Secondary How to Cite Secondary Sources?Sources?

Books: John Knight, Books: John Knight, A Jury of TwelveA Jury of Twelve, 225 , 225 (1st. ed. 2001).(1st. ed. 2001).

Periodicals: Mary A. Jones, Periodicals: Mary A. Jones, The Best of The Best of Trial BriefsTrial Briefs, 28 Neb. L. Rev. 102 (2006)., 28 Neb. L. Rev. 102 (2006).

Encyclopedias: 16 C.J.S. Encyclopedias: 16 C.J.S. EvidenceEvidence § 12 § 12 (1996).(1996).

Dictionaries: Dictionaries: Black's Law DictionaryBlack's Law Dictionary, 826 , 826 (7th ed. 1998).(7th ed. 1998).

Annotations: Tom McCannon, Annotation, Annotations: Tom McCannon, Annotation, Searches and WarrantsSearches and Warrants, 79 A.L.R.2d 1257 , 79 A.L.R.2d 1257 (1995).(1995).

How to Cite Court How to Cite Court Rules?Rules?

Federal:Federal: Fed. R. Civ. P. 12 (b)(6).Fed. R. Civ. P. 12 (b)(6). Fed. R. Crim. P. 7(b).Fed. R. Crim. P. 7(b).

State:State: Haw. Fam. Ct. R. 106.Haw. Fam. Ct. R. 106. N.J. Ct. R. 3:8-3.N.J. Ct. R. 3:8-3.

How to Cite Electronic How to Cite Electronic Sources?Sources?

American Bar Association. Section on Legal American Bar Association. Section on Legal Education and Admissions to the Bar. Education and Admissions to the Bar. Legal Legal Education and Bar Admission Statistics, Education and Bar Admission Statistics, 1963 – 2005,1963 – 2005, available available at at http://www.abanet.org/legaled/stats.html,http://www.abanet.org/legaled/stats.html, (last visited Oct. 18, 2006).(last visited Oct. 18, 2006).

Miscellaneous PointsMiscellaneous Points

When a cite is in the middle of a When a cite is in the middle of a sentence, follow it with a comma. sentence, follow it with a comma. In In Yon v. SambaedYon v. Sambaed, 421 U.S. 119 (1992), the , 421 U.S. 119 (1992), the

Supreme Court held that . . .Supreme Court held that . . .

When a cite is at the end of a sentence, When a cite is at the end of a sentence, follow it with a period. follow it with a period. This decision was overruled in This decision was overruled in Ankeny v. Ankeny v.

BurnsideBurnside, 102 F.2d 65 (3d Cir. 1942)., 102 F.2d 65 (3d Cir. 1942).


When you have a string cite (several When you have a string cite (several cases cited in a row) separate them cases cited in a row) separate them with semicolons. Cite federal cases with semicolons. Cite federal cases first, then state cases, and cite first, then state cases, and cite higher courts before lower ones. higher courts before lower ones. Several courts have held that the sun Several courts have held that the sun rises in the east. rises in the east. Caruthers v. DruidCaruthers v. Druid, , 414 U.S. 9 (1992); 414 U.S. 9 (1992); Major v. MinorMajor v. Minor, 2 F. , 2 F. Supp. 1245 (S.D.N.Y. 1912); Supp. 1245 (S.D.N.Y. 1912); California v. California v. ParkerParker, 421 P.2d 198 (Cal. App. 1978)., 421 P.2d 198 (Cal. App. 1978).


To delete one or more words within a quote, To delete one or more words within a quote, use ellipses. At the end of a sentence, use ellipses. At the end of a sentence, follow the ellipses by a period. follow the ellipses by a period. "The time has come . . . to talk of many things." "The time has come . . . to talk of many things."

Lewis Caroll, Lewis Caroll, Alice in WonderlandAlice in Wonderland 56 (1872). 56 (1872).

Never start a sentence with ellipses. If Never start a sentence with ellipses. If you start a quote in the middle of a you start a quote in the middle of a sentence, or if you substitute letters or sentence, or if you substitute letters or words in a sentence, use brackets. words in a sentence, use brackets. "[M]y troubles seemed so far away." Paul "[M]y troubles seemed so far away." Paul

McCartney, McCartney, YesterdayYesterday 2 (1966). 2 (1966).


When one authority is quoting from When one authority is quoting from another, indicate it. another, indicate it. "Citations stink." "Citations stink." Brennan v. MarshallBrennan v. Marshall, 102 , 102

F. Supp. 1234, 1236 (D. Mass. 1984) F. Supp. 1234, 1236 (D. Mass. 1984) (quoting (quoting Scalia v. ThomasScalia v. Thomas, 313 U.S. 653, , 313 U.S. 653, 655 (1976)).655 (1976)).

For Further For Further InformationInformation

See See The BluebookThe Bluebook, eighteenth edition as , eighteenth edition as this is only a primer in formatting.this is only a primer in formatting.

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