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Author Topic: Best "canned" case briefs?  (Read 2068 times)

M112

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Best "canned" case briefs?
« on: July 15, 2010, 12:06:57 AM »
What is the best book, website, or otherwise resource for "canned" case briefs?  Pertinent responses are appreciated.

kenpostudent

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Re: Best "canned" case briefs?
« Reply #1 on: August 20, 2010, 02:25:38 AM »
NONE. Do you own case briefs. Here is my template:

Issue: the issue statement incorporates relevant facts and the reason the case is before the court. I state it in the form of a question. Example: Does the payment of a pre-existing debt to another creditor constitute a fraudulent conveyance as to a lien creditor?

Holding: this answers the questions. Example: No.

Reasoning: this section includes policies, collateral rules, and relevant dicta. Policies are the practical objectives of the court. Collateral rules consist of precedent cases, statutes, or model acts upon which the court based its decision. Relevant dicta are statement made by the court that don't fall within the other two categories.

Rule: this is how the case will be used in the future. Example: A fraudulent conveyance is a tranfer of funds or assets by a debtor to another when he is insolvent and with the intent to divert payment from a creditor. The burden of proof rests with the creditor to prove intent to defraud and insovency of the debtor.

Exceptions and Expansions: this section covers the cases in the notes after the major case that either create exceptions to or expansions of the rule found in the main case.

If there is a Dissent or Concurrence, I summarize that part of the case in one sentence.

A case brief should generally be 4-6 sentences. I hope this helps.