Business Law and Case Law: Assignment
Added on - 18 Sep 2019
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How to Brief a CaseBusiness law is not simply rules and regulations passed by federal and stateorganizations and legislatures. Business law also includes case law created when courtsrule on various legal issues. Accordingly, being able to read and understand judicialopinions is critical to obtaining a robust understanding of business law. One method forunderstanding court cases and saving time is known as “briefing.” To brief a case, onemust read the case thoroughly, taking in the main points, then write up a short synopsis ofthe case. A standard brief contains information from the case organized in the followingmanner: (1) case name and citation; (2) facts; (3) issue; (4) ruling; and (5) reasons. Byorganizing case information according to the five categories just listed, one can create ashort guide to any case that contains all of the relevant information to aid inunderstanding the case, as well as create a tool for later references to the case withouthaving to reread the case every time.The following is a quick description of what information is typically included ineach of the five areas of a standard brief.1.Case name and citation. This information is used to identify the case. Under thisheading the case name,the court making the decision, the year the decision was made,and the citations for the case should all be included.2.Facts. The facts section is used to providethe relevant background informationfrom the case to facilitate a full understanding of what lead to the case. The factssection should include: (a) relevant background information; (b) the arguments made bythe plaintiff(s) and defendant(s); (c) any decisions made by lower courts.3.Issue. The issue, or issues, is the question, or questions, the court has been asked toaddress in hearing the case. As such,the issue should be phrased as a question andshould pertain to the legal matter at the heart of the case.4.Ruling. The ruling refers to how the court answered the question identified as theissue. A simple yes or no will NOT suffice to answer the issue question. You mustanswer your legal issue with a yes or no followed by a complete sentence to answerthe question clearly.5.Reasons. The reasons section elaborates upon why the court made the ruling that itdid regarding the issue. To be helpful, the ruling section should contain what are thesubstantive legal reasonsgiven for why the court ruled the way that it did.The following is an example of a case brief to demonstrate what is typically includedin a brief.