1L - First Brief

[Coregram]

Mine have been a page and a half or so as well, though I leave a wide margin on the right to jot down comments in class as we discuss the cases.  I don't worry about it though.  I'd rather they run onto 2 pieces of paper than be squeezed onto one.  And it gives blank space at the bottom to write down hypos, etc. that get discussed with the cases.

Our professors told us the briefs are for us, not them.  Do them the way that works for you.  After a few weeks in the course, I'm sure we will know better what to write and weed out the rest. 

[Todd]

Here's a table a 2L gave me.  I take notes on my labtop in class and I find it much easier to modify mistakes in my briefs and add the teachers views.  I don't use every category for each class and it's set up in a word table so it looks neat.

NAME   
FACTS   •   
HISTORY   •   
PRECEDENCE   •   
P CLAIM   •   
D CLAIM   •   
ISSUE   •   
DECISION   •   
RULE   •   
REASONING   •   
CONCURRING   •   
DISSENT   •   
TEACHER’S COMMENTS   •   


NAME   
STATUTE   •   
FACTS   •   
CHARGE   •   
PRECEDENCE   •   
HISTORY   •   
D CLAIM   •   
P CLAIM   •   
ISSUE   •   
DECISION   •   
RULE   •   
REASONING   •   
CONCURRING   •   
DISSENT   •   
TEACHER’S COMMENTS   •   

[jeffjoe]

Argh!  I have now officially seen 10,000 different ways to brief a case. 

[egfmba]

FWIW, I used Microsoft Access and created a table, form and report function for each of my classes (Civ Pro, Contracts, Torts) that have cases and I enter data there.  Each field in Access can hold a max of 255 characters, so it forces me to be brief, and the report prints out as a 1 page document, each section boxed off for easy identification.

It's easy to read it this way, and I can move between cases easily in class.  Also, when it comes time to study, I can print out the most important cases.  I've got it broken down into the following categories to make it easier for me to enter the data:

DATE
CLASS
CASE HEADING
COURT NAME
DATE OF DECISION
CITATION
CASEBOOK PAGE NUMBER
PROCEDURAL HISTORY
FACTS
ISSUE
JUDGMENT
HOLDING
REASONING
CONCURRING/DISSENTING OPINIONS
COMMENTS

[jeffjoe]

Much too organized for me.   

FWIW, I used Microsoft Access and created a table, form and report function for each of my classes (Civ Pro, Contracts, Torts) that have cases and I enter data there.  Each field in Access can hold a max of 255 characters, so it forces me to be brief, and the report prints out as a 1 page document, each section boxed off for easy identification.

It's easy to read it this way, and I can move between cases easily in class.  Also, when it comes time to study, I can print out the most important cases.  I've got it broken down into the following categories to make it easier for me to enter the data:

DATE
CLASS
CASE HEADING
COURT NAME
DATE OF DECISION
CITATION
CASEBOOK PAGE NUMBER
PROCEDURAL HISTORY
FACTS
ISSUE
JUDGMENT
HOLDING
REASONING
CONCURRING/DISSENTING OPINIONS
COMMENTS

[Todd]

textbook page # was one thing I added to the table the 2L gave me.  If the prof asks some dumb question that isn't related to the issue in the case I want to be able to look up the case quick.  This has already happened, the student says the PP did xyz and the prof's like what was the PP's name?  I'm thinking who cares, the name has nothing to do with the rule of law we're trying to learn.

[jeffjoe]

Here is the list of brief components my torts prof gave me.  He is the staff attorney for the Tenn. Supreme Court.  He told us that this is the structure that the court uses to write their opinions:


1.   Citation
  a.   Case name
  b.   Case reporter
  c.   Court
  d.   Date decided
2.   Facts – events that pitted parties against each other
3.   Procedural history
4.   Issues – the narrow legal questions that court must decide to settle the case
               (look for the word “whether”)
5.   Arguments of the parties
6.   Law
7.   Application – court’s reasoning (matching the law to the facts)
8.   Holding – one for each issue
9.   Disposition

[Todd]

Still hitting the books eh jj? 

Ya my prof also said "whether" is her favorite word when trying to discover the issue in a case.

[jeffjoe]

Still hitting the books eh jj? 

Ya my prof also said "whether" is her favorite word when trying to discover the issue in a case.

I just bought storelaw.  I decided I wanted the extra features.


Yeah, whether.  The torts prof told us to get in the habit of starting all issues with the word whether.  But if I do that it won't be a question.  I haven't made up my mind yet.

You'd have to phrase it like this:  The issue is whether .....

I dunno, but I like the torts prof.  Some of the people in  the class don't. 

[_DOWNY_]

WooooHooooo I can get cocky.  Now I'm ready to be a real law student.

DOWNY is always cocky.