Law School Discussion

Case Briefings

Case Briefings
« on: August 14, 2015, 02:02:45 PM »
Hello everyone! I am new to the law school game and I need a little bit of help/advice. I have to do some case briefings before my first day of law school. I am not 100% sure I am doing them correctly. I was wondering if anyone could take a look and let me know if I am doing them correctly. if I could improve, etc. Thanks so much!



Case Name: Garratt vs Dailey, Supreme Court of Washington, Department 2
Facts: Brian Dailey pulled a chair out from under Naomi Garratt. The direct effects from the fall included a fractured hip as well as other injuries and damages.
Issue: Did Brian Dailey pull the chair out from under Naomi Garratt with the intention of causing bodily harm?
Holding (and Judgement): The court ruled a remand for clarification on whether or not Brian Dailey had knowledge of certainty that Naomi Garratt would attempt to sit down where the chair had been moved from.
Pre-existing Rules: The rule that determines liability for battery is given as:
‘An act which, directly or indirectly, is the legal cause of a harmful contact with another's person makes the actor liable to the other, if ‘(a) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or a third person, and ‘(b) the contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and ‘(c) the contact is not otherwise privileged.’
Reasoning: After looking at the rule that determines liability the court looked at whether or not the plaintiff could prove that Brian moved the chair while she was in the act of sitting down. The plaintiff based her case on that theory and failed to provide proof. Battery could only be established if it could be proven that Brian had knowledge that the defendant would indeed sit down where the chair he had moved been located.
Dissent/Concurrences: None

Re: Case Briefings
« Reply #1 on: August 14, 2015, 02:21:57 PM »
That is pretty good and to be honest the case-briefings do not need to follow any formula all that matters is that you learn the material.

My first semester I robotically put all the headings Facts; Procedural History, Issue, Holding, Reasoning etc.

Then for 2L and 3L  I came up with my own system of narrowing each case down to a paragraph and a separate outline for the rules. It worked great for me, but there are countless ways to do it.

One thing that helped me with learning the law was ecasebriefs.com I would read that before reading the case in the casebook.

There are going to be a lot of freakouts and overthinking during 1L that is part of the process, but try to keep it simple and you will do well.

As to the case sounds like you are learning the elements of battery and you are getting to take Torts some of the most interesting stories I loved it.

I don't remember the case from law school, but it seems like the court is trying to determine if he had the "intent" to harm Garrat and another issue might have been harmful or offensive touching although no actual touch occurred with the Plainitff they touched the object they were going to sit on and moved it, which led to a touching.

Really the issue in that case is "intent" since you are studying intentional torts intent must be established. There are lot of things you can do that could hurt someone, but there is a big difference on whether you intended to hurt someone or not. Moving a chair in and of itself is not actionable, but moving a chair at the last second intending to harm someone is.




Re: Case Briefings
« Reply #2 on: August 19, 2015, 10:34:25 AM »
I would not pay too much attention to the case briefings formatting or style unless your professor has specific requirements. In case he/ she has than you need to know these requirements to complete the task. From my experience I can say that everything written correspond to the most law schools' standards and actually for a newbie the style and language are very good. Still you can always use this site if you are not sure regarding the briefings. With the help of professional and experienced writers you can learn more and you won't feel lack of confidence. Also it is a good idea to ask experts to proofread your assignment.

Re: Case Briefings
« Reply #3 on: August 19, 2015, 10:50:48 AM »
Sold input yea I know one professor made us submit our case briefs for the first few weeks and number #1 lesson of law school is do it how the professor wants.

When you get into law practice do it how the Judge wants it.

However, for the most part you could not brief a single case or have the most beautifully detailed case-briefings ever drafted if you don't learn the material you don't learn the material. I think I like most people remember more if I write down what I read, which is why case-briefing is so popular and you can also back to whta you write down to jog your memory when studying, but that is all a case-brief is a study-aid.


Re: Case Briefings
« Reply #4 on: August 19, 2015, 09:19:42 PM »
Hello everyone! I am new to the law school game and I need a little bit of help/advice. I have to do some case briefings before my first day of law school. I am not 100% sure I am doing them correctly. I was wondering if anyone could take a look and let me know if I am doing them correctly. if I could improve, etc. Thanks so much!




Its common to sweat it, but honestly (and this may seem counter intuitive) but try NOT to "learn" anything new before class. Its best to start with a clean mental pallet and learn how YOUR PROFS want it done. Odds are your school with have an "intro" class that covers all of this too.