Case Briefing - Employment law
Case Briefing
MAN6403
Employment Law
Professor Jennifer Hill
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General Instructions
This presentation will walk you through briefing a case to prepare you to understand how to read a case decision and extract the most important information.
Case briefing involves objective analysis. You are not taking sides. You are breaking down a decision—which may be easy to understand but often is difficult—and reporting on what the court did and why.
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Read the Decision Twice
When you are briefing a case, read the decision through once in its entirety. Courts don’t necessarily present the information you need in the order of the case brief—and sometimes they don’t explain things well. So, you must make sure you understand the entire case before beginning the brief.
When you read the opinion a second time, you will be prepared to write your case brief.
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Sample Case:
After completing this presentation, you will use this method to prepare a case brief. The decision for the case briefing exercise is posted on Canvas.
In this practice video, we will use a very short decision as an example, A.M. v. State of Florida. Please read the decision, presented on the next slides. Read through once entirely, then we will work through each step of case briefing.
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A.M. v. State
Attorneys and Law Firms
*915 Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Jean-Jacques A. Darius, Assistant Attorney General, Tallahassee, for Appellee.
Opinion
MICKLE, Judge.
The appellant, a juvenile, appeals an order of disposition after the trial court found him guilty of trespass in a conveyance. We reverse the order and direct that the appellant be discharged. The appellant was charged by petition with the theft of an $800.00 mountain bike pursuant to the grand theft statute, section 812.014(2)(c) 1, Florida Statutes (1995).
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A.M. v. State
The state presented evidence that, within a few hours of the victim's report of a theft, the appellant was observed riding the stolen bicycle and was apprehended by the police. The appellant testified that a friend had brought the bicycle to him and had given verbal permission for him to use it. At the conclusion of the adjudicatory hearing, the trial court found the appellant guilty of trespass in a conveyance pursuant to section 810.08, Florida Statutes.
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A.M. v. State
Appealing the order of disposition, the appellant argues, and the state concedes, that a bicycle is neither a “motor vehicle” nor any other type of “conveyance” as the terms are used in the law governing trespass in a conveyance. The proper designation of a bicycle is material because the statute requires willful entry or remaining “in any structure or conveyance. ” § 810.08(1), Fla. Stat. (emphasis added). The chapter defines “conveyance” as including any “motor vehicle” or other modes of transportation (e.g., ship, aircraft, and railroad car) not applicable to the instant facts, and it does not include a bicycle within the definition. § 810.011(3), Fla. Stat. This omission of bicycles is consistent with the statutes governing state uniform traffic control, which exclude bicycles “propelled solely by human power” from the definition of “motor vehicle.” § 316.003(2) & (21), Fla. Stat. Likewise, the driver’s license statute excludes this type of bicycle from its respective definitions of “motor vehicle” and “vehicle.” § 322.01(26) & (42), Fla. Stat.
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A.M. v. State
In the schedule of lesser offenses, trespass in a conveyance is not listed as either a Category 1 or Category 2 lesser offense of grand theft. Standard Jury Instructions-Crim. Cases No. 92-1, 603 So.2d 1175, 1258 (Fla.1992). Where the charging instrument failed to allege all the statutory elements of the alleged lesser offense, and the evidence at trial failed to establish each element, the record cannot support the conviction for trespass in a conveyance. M.J.S. v. State, 453 So.2d 870 (Fla. 2d DCA 1984) (state's failure to establish that backhoe is “conveyance” required reversal of conviction for trespass in a conveyance). See Jones v. State, 666 So.2d 960 (Fla. 3d DCA 1996); Sanchez v. State, 664 So.2d 331 (Fla. 3d DCA 1995)(defendant was not entitled to jury instruction on trespass in conveyance where information charging grand theft of motor vehicle did not allege statutory element of trespass that defendant “willfully entered or remained” in complainant's motor vehicle).
The order of disposition is REVERSED, and the trial court is directed to DISCHARGE the appellant. MINER and WEBSTER, JJ., concur.
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Step 1
Write “1. Citation” on your page, then identify the Case Name, Court, Opinion location (in a publication known as a law reporter), and Date.
In formal legal writing, this information is written in a particular citation format. For our purposes, you may write this information however you like—so long as you have all the information.
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At the beginning of every case is a heading that includes important information about the parties and attorneys, the court, the dates, and where the decision is recorded. From this heading, you can extract what is called the “citation,” a quick summary of essential information. This case information can be find at the top of the page of the reporter and/or at the beginning of the opinion.
678 So.2d 914
District Court of Appeal of Florida, First District.
A. M., a child, Appellant,
v.
STATE of Florida, Appellee.
No. 96-880, Aug. 30, 1996.
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Example of Case Citation Format
A.M. v. State, 678 So. 2d 914 (Fla. 1st DCA 1996).
Case Name
Opinion location
Volume Number
Abbreviation of title
Page where case begins
Court abbreviation
Year of decision
Again, you do not have to put the information in this citation format, but you do need to include all the information.
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Step 2
Procedural History
The procedural history identifies the parties, their legal relationship, the remedy sought, and the cause of action. The history also sets out what happened at the lower court level.
In other words, who sued whom for what?
What has happened procedurally so far?
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2. Procedural History
A juvenile was charged with trespass in a conveyance, which the State alleged was a lesser offense of grand theft. The lower court found him guilty. The juvenile appealed the conviction to the the District Court of Appeals.
In the procedural history, be sure to paraphrase, putting the facts into your own words, and be careful to keep it simple, brief, and clear.
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Step 3
Issue(s)
What is the legal question to be answered?
Is there one legal question? Are there two? Three?
Usually the legal question is written as a sentence fragment that starts with “Whether” and ends with a period. The legal issue also can be written as a question.
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Example: North Country
This movie was based on a real case, Jenson v. Eveleth Taconite Co., 130 F.3d 1287 (11th Cir. 1997).
Female employees brought class action against
their former employer for sex harassment and
discrimination in violation of Title VII and the
Minnesota Human Rights Act. After finding employer
liable, the United States District Court for the District
of Minnesota, Richard Kyle, J., affirmed special
master's report and recommendation awarding
damages for mental anguish and denying
punitive damages. Employees appealed.
[From the Westlaw case synopsis.]
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North Country Issues
Some of the issues in the appeal could have been written as follows:
--Whether the employees had a duty under the law to show what portion of their anguish was caused by personal experiences outside of the work environment;
--Whether well-qualified psychiatrists and psychologists could testify about mental anguish for purposes of determining damages;
--Whether the employer had the burden of proof to show that it was more likely than not that women affected by sexual harassment had decided not to return to work for reasons other than the hostile work environment;
--Whether a woman who suffered a single incident of harassment within the statute of limitations could offer evidence of earlier incidents as part of a continuing violation theory.
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3. Issue
Whether the bicycle is a conveyance as defined under § 810.08(1), Fla. Stat.
In writing the issues, stick closely to the text. Don’t use unnecessary jargon. Make your question(s) clear and precise. Note that this is one instance in legal writing where writing a sentence fragment, rather than a complete sentence, is fine.
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Step 4
Facts
Describe in your own words the facts that relate to the legal issues relevant to your assignment.
Refer to all facts relevant to deciding the issue, regardless of what conclusion those facts support.
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4. Facts
A boy was seen riding a bike that had been reported stolen. The police arrested the boy. The boy said that he had gotten the bike from a friend, who gave him permission to use it.
Write plainly—in normal English—and simply. Use short sentences.
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Step 5
Applicable Rule(s) of Law
Refers to the law or statute for your legal issue.
This is the legal “test” the court will use to decide the case.
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5. Rule
Florida Statute § 810.08(1) states that trespass in a conveyance occurs when a person willfully enters or remains in “any structure or conveyance.” A conveyance is any “motor vehicle” or other mode of transportation (such as ship, aircraft, or railroad car). Bicycle is not expressly included or expressly excluded from the statutory definition of conveyance.
Bicycles are excluded from the definition of motor vehicle under other statutes, including the uniform traffic control statute which excludes bicycles “propelled solely by human power,” and the driver’s license statute, which excludes bicycles from the definition of “motor vehicle” and “vehicle.”
Courts generally the rule(s) it will use to decide the legal question(s), by mentioning the name/citation for the statute or case that sets out the rule and often by providing actual language. Mention both the statute number and write out any specific statute or case language that the court thinks is particularly important for deciding the question.
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Step 6
Holding
What did the court hold? The holding is the court’s conclusion on the issue or issues before the court.
The holding is what has precedential value. The holding on the issue is what can be binding or persuasive in later decisions.
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Example: Jensen Holdings
Issue 1:
Whether the employees had a duty under the law to show what portion of their anguish was caused by personal experiences outside of the work environment.
Holding 1:
The employees did not have a duty to show what portion of their anguish was caused by personal experiences outside of the work environment.
Issue 2:
Whether well-qualified psychiatrists and psychologists could testify about mental anguish for purposes of determining damages.
Holding 2:
Well-qualified psychiatrists and psychologists could testify about mental anguish for purposes of determining damages.
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6. Holding
The Court held that the bicycle did not constitute a conveyance for purposes of the trespass to a conveyance statute, § 810.08(1), Fla. Stat.
.
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Step 7
Reasoning
What rationale did the court use to reach its decision? What did the court think were important facts or other data that led to the conclusion?
Include the court’s policy rationale, which justifies the decision based on what result will be best for society at large.
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7. Reasoning
The bicycle is not a conveyance because it is not listed in the statute and because it does not fit into the general category of “motor vehicle” that is listed in the statute.
The bicycle is not a conveyance, although it is a vehicle, because it is propelled solely by human power. The court drew a parallel to other statutes that use the term “motor vehicle.” In those statutes—traffic control and driver’s license statutes—bicycles are not considered motor vehicles when they are “propelled solely by human power.”
In this step, you accurately paraphrase the rationale that the court used to justify its decision. Be specific. Only use legal terms if you are using them with accuracy and precision.
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Step 8
The Court’s Order
This is the practical outcome for the parties. Who won? Did the court grant the motion (if a motion is at issue) or deny it? Reverse or affirm the lower court? Remand the case or not?
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8. Outcome
The Court reversed the trial court’s decision because the State did not prove all the elements of trespass in a conveyance and thus did not prove grand theft. The Court directed the trial court to discharge the juvenile.
The court’s order/outcome is different than the holding, which described the court’s resolution of the legal issue or issues. It is very important that you understand that the “holding” you wrote above is different than the “outcome” you set out in this section.
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Optional Step 9
New Information & Questions—Notes
Not always required; this is where you can state what you learned, etc.
Did the court fail to elaborate on something important?
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9. Notes
It was interesting to see that the statute on trespass to a conveyance didn’t really explain what made something a conveyance or a motor vehicle. The statute had a list, but no list could really be exhaustive. I wonder whether a skateboard with a motor would be a motor vehicle under this statute.
This is the place to put your “notes to self.” This is the only part of the case brief that can be subjective—that is, that can include your opinion. Every other part is an objective analysis.
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