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Author Topic: Help on Briefs  (Read 1041 times)

Ever

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Help on Briefs
« on: August 29, 2006, 10:22:57 PM »
Can anyone give me pointers on my brief? I get the feeling that Iím putting way more detail then I need to, but the professors keep asking for a high level of detail so Iím not sure what to do.





Quote
Brown v. Kendall
Brawling Dogs and an Injured Eye
p. 25, Torts

Who is suing whom, for what, and why:
    Plaintiffs Ė Brown,
    Defendant Ė Kendall, Executor of his estate (the defendant died before the action)
    For what: Damages,
    Why: Assault and Battery,

Who is appealing and why? Defendant, appealing improper jury instructions.

What Court: Supreme Court of Massachusetts, 1850

Procedural History: Brown sues Kendall, jury finds in favor for Brown, Kendall files an appeal, Kendall dies before action is brought,

Facts:
1)   Two dogs owned by the plaintiff and defendant were fighting
2)   Defendant was striking the animals with a four (4) foot stick in order to intervene in their fight
3)   Plaintiff (Brown) was standing about a rodís distance from the animals (roughly 15 feet) and moved a step or two in their direction
4)   The brawl moved closer to the plaintiff
5)   The defendant (Kendall) retreated from the animals striking them as he moved backwards
6)   In the course of the defendants retreat he brought his stick over his shoulder in order to strike the animals again and in doing so hit the plaintiff in the eye causing serious injury.
7)   During the trail the defendant requested that the jury be instructed in the following way and was denied on both accounts.
a.   If both men were using the same level of care or the defendant was using a higher level of care, then the plaintiff could not recover.
b.   ďÖthe burden of proof on all of these propositions was on the plaintiff.Ē
8 )   Instead the judge instructed the jury that, among other things, if the defendantís actions were unnecessary then the burden of proof of extraordinary care on the part of the defendant, or want of care on the part of the plaintiff, was on the defendant.

   
Point(s) of Appeal:
(1)   Defendant is appealing the verdict based on the instructions given to the jury that the defendant has the burden of proving he was exercising due care.
∑   The judge instructed the jury that if the defendantís actions to separate the animals were lawful and he was exercising ordinary care then he is not liable. However if those actions were not lawful he is liable, unless he was using extraordinary care. The judge instructed the jury further that if the plaintiff was not exercising ordinary care then the defendant was not liable. Lastly and the position which the defendant objected: if the defendantís actions were unnecessary then the burden of proof of extraordinary care on the part of the defendant, or want of care on the part of the plaintiff, was on the defendant.


Issue before the Court:
(1)   Is the burden of proof of the plaintiffís negligence on the defendant?
(2)   Does it matter whether or not the defendantís actions in attempting to intervene were lawful or unnecessary?

Court Ruling: Verdict reversed, new trial ordered.

Reasons: The Court found that the plaintiff must show that the defendantís intentions were unlawful or that the defendant was in fault. There was no reason why the instructions asked for by the defendant should not have been given to the jury. If these conditions cannot be proven then the plaintiff cannot recover. The Court also found that it did not matter whether or not the defendants actions were necessary, the only issue which mattered was whether the actions taken were lawful, which they were.

Dissenting opinions: None.
Oklahoma '06
SMU Law  '09

eli250

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Re: Help on Briefs
« Reply #1 on: August 29, 2006, 11:03:23 PM »
If you keep this up how will you have any time for anything other than briefing?  Here is an example of what I do to just have a reminder of what was going on in the case.  I have a lot more info in my mind that is jogged by a glance at the brief.  For instance, I don't bother with names and specific wording of the facts because I can just glance at the case book where I'm sure I highlighted it.  Also, I had 5 cases to read for Torts tonight.  I couldn't imagine writing page long briefs for each one.


Parvi v. City of Kingston
Procedural history: Trial court and appeals court dismissed, appeal is at the ny court of appeals.  There hasn’t been a real trial yet.
Facts: Π was drunk and doesn’t remember what happened.  Δ says that he didn’t have anywhere to go, so Δ drove him to a golf course and let him go.  He then wandered onto the thruway and got hit by a car.  Π claims that he didn’t want to get in the police car, so that was false imprisonment.
Issue: Was Δ conscious of imprisonment at the time it was occurring.
Holding: ruling for Π.  There was a question of fact on whether or not Π was aware of imprisonment.  Judge shouldn’t have dismissed the case. 
Reasoning:
Rule: There is no liability for intentionally confining another unless the person physically restrained knows of the confinement or is harmed by it.  In this case it is unclear whether or not the restrained knew of the confinement, and that is a factual matter for the jury to decide
policy or dissent: 1 dissent stating that there is no way this guy will be able to make his prima facie case at trial and that the dispute of facts is minimal.

It took me 5 minutes max to write this thing.  This brief would probably be useless to anyone but me because I know what things I left out.  But once I glance at it, I'll remember what is going on and if I don't I can always glance over at the casebook.

I didn't see any abbreviations in your brief.  Using those alone will help. 

jimmyjohn

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Re: Help on Briefs
« Reply #2 on: August 30, 2006, 12:00:12 AM »
I'll give you some help but not on briefing.  CHILL THE HELL OUT!  You are acting foolish. 

jsb241

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Re: Help on Briefs
« Reply #3 on: August 30, 2006, 01:23:46 AM »
I don't think you are acting foolish at all. I just starrted and I'm basically doing the same thing.

I think this amount of detail is good for now since we are just starting out. I don't know about you, but so far in class, I have been worried about being called on and it has been really hard to keep track of what the Professor is saying. By having this amount of detail as a safety net, I can at least try to zone in for a minute or two and forget about the cases that were assigned until we get to them.

jacy85

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Re: Help on Briefs
« Reply #4 on: August 30, 2006, 08:04:10 AM »
You can cut out the names.  You're just as well putting a little P or D above the party names in your casebook to see who's who. 

You can cut the facts in half.  You don't need to know that the dog fight moved this way, then that.  The relevant facts are: the P and D were observing their dogs fight.  The as the dog fight progressed, D tried to herd the animals away from P by hitting them with a rod.  While doing so, D hit P in the eye = serious injury.

You have a lot of redundant info in there; you repeat the jury instructions twice.  You can cut out the "points on appeal" and just have the issues before the court.  They're essentially one and the same.


Can anyone give me pointers on my brief? I get the feeling that Iím putting way more detail then I need to, but the professors keep asking for a high level of detail so Iím not sure what to do.


Quote
Brown v. Kendall
Brawling Dogs and an Injured Eye
p. 25, Torts

Who is suing whom, for what, and why:
    Plaintiffs Ė Brown,
    Defendant Ė Kendall, Executor of his estate (the defendant died before the action)
    For what: Damages,
    Why: Assault and Battery,

Who is appealing and why? Defendant, appealing improper jury instructions.

What Court: Supreme Court of Massachusetts, 1850

Procedural History: Brown sues Kendall, jury finds in favor for Brown, Kendall files an appeal, Kendall dies before action is brought,

Facts:
1)   Two dogs owned by the plaintiff and defendant were fighting
2)   Defendant was striking the animals with a four (4) foot stick in order to intervene in their fight
3)   Plaintiff (Brown) was standing about a rodís distance from the animals (roughly 15 feet) and moved a step or two in their direction
4)   The brawl moved closer to the plaintiff
5)   The defendant (Kendall) retreated from the animals striking them as he moved backwards
6)   In the course of the defendants retreat he brought his stick over his shoulder in order to strike the animals again and in doing so hit the plaintiff in the eye causing serious injury.
7)   During the trail the defendant requested that the jury be instructed in the following way and was denied on both accounts.
a.   If both men were using the same level of care or the defendant was using a higher level of care, then the plaintiff could not recover.
b.   ďÖthe burden of proof on all of these propositions was on the plaintiff.Ē
8 )   Instead the judge instructed the jury that, among other things, if the defendantís actions were unnecessary then the burden of proof of extraordinary care on the part of the defendant, or want of care on the part of the plaintiff, was on the defendant.

   
Point(s) of Appeal:
(1)   Defendant is appealing the verdict based on the instructions given to the jury that the defendant has the burden of proving he was exercising due care.
∑   The judge instructed the jury that if the defendantís actions to separate the animals were lawful and he was exercising ordinary care then he is not liable. However if those actions were not lawful he is liable, unless he was using extraordinary care. The judge instructed the jury further that if the plaintiff was not exercising ordinary care then the defendant was not liable. Lastly and the position which the defendant objected: if the defendantís actions were unnecessary then the burden of proof of extraordinary care on the part of the defendant, or want of care on the part of the plaintiff, was on the defendant.


Issue before the Court:
(1)   Is the burden of proof of the plaintiffís negligence on the defendant?
(2)   Does it matter whether or not the defendantís actions in attempting to intervene were lawful or unnecessary?

Court Ruling: Verdict reversed, new trial ordered.

Reasons: The Court found that the plaintiff must show that the defendantís intentions were unlawful or that the defendant was in fault. There was no reason why the instructions asked for by the defendant should not have been given to the jury. If these conditions cannot be proven then the plaintiff cannot recover. The Court also found that it did not matter whether or not the defendants actions were necessary, the only issue which mattered was whether the actions taken were lawful, which they were.

Dissenting opinions: None.

antwan

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Re: Help on Briefs
« Reply #5 on: August 30, 2006, 06:36:19 PM »
I think the single most important thing you should realize is that briefing is not going to change your grades.