case brief

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Case_Brief_Format_S11220.pdf

CASE BRIEF FORMAT

TITLE: Include the name of the case (e.g., Strunk v. Strunk), the case citation (e.g., 445 S.W.2d 145), the year the case was decided (e.g., 1969), and the court (e.g., Kentucky Court of Appeals cited as Ky if pre-1976) that decided the case. Include whether or not this is a published case. PARTIES: Include the names of the parties and their designations as Appellant (or Petitioner) or Appellee (or Respondent), and whether they were Plaintiff or Defendant in the trial court. In a criminal case you should use Government or Commonwealth. FACTS: Give the relevant legal facts, including such things as: What happened? Who is suing whom? What kind of action is this? (i.e., breach of contract, criminal homicide, negligence, etc.) What relief is being sought? (i.e., money damages, criminal penalties, injunction, suppression, dismissal, etc.) PRIOR PROCEEDINGS: Include the results in the trial court, and in any intermediate level appellate court. And, explain what particular ruling in the trial court caused the party to appeal. ARGUMENTS OF THE PARTIES: Explain what each party is arguing on appeal in this court. ISSUE(S): Tell what question(s) is now presented for decision by the current court in this case. (Remember, issues must always be in the form of a question.) Be sure to begin each issue with a word that will form a question – e.g., Will, May, Can, Must, etc. JUDGMENT/DISPOSITION: First, include a “Yes” or “No” answer to the issue(s). Next, give the procedural consequences of such (i.e., did the court Affirm, Reverse and/or Remand the case). And, finally include who “won” and what the “winner” gained or was status quo maintained. REASONING: Provide the explanation(s) that the court gives to justify its decision in this case. Include and discuss any precedent cases, statutes, etc., that the appeals court used as a basis for its decision. RULE/HOLDING: Give Rule of Law for case. In other words, after the appellate court applied the law to the facts in this case, what does this case “stand for”? The Rule should answer the Issue(s) question(s). DISSENTING AND/OR CONCURRING OPINION(S): Provide the name(s) of the Judge(s) who wrote any dissenting or concurring opinions and then explain his/her reasons for doing so.