1. Welcome to Seminar #1 Clap if you are ready to have a great semester!!!!!!! Clap if you are ready to have a great semester!!!!!!!

2. Welcome to PA-205 My name is Adam Pincus My name is Adam Pincus My contact information is: My contact information is: 610-745-7653 (call or text me) 610-745-7653 (call or text me) apincus@kaplan.edu apincus@kaplan.edu apincus@kaplan.edu I will get back to you very quickly – so DO NOT BE SHY about reaching out to me with questions. I am here to help! I will get back to you very quickly – so DO NOT BE SHY about reaching out to me with questions. I am here to help! The syllabus is listed on the course website – so check it out when you get a minute. The syllabus is listed on the course website – so check it out when you get a minute.

3. I really like this instructor – Adam seems pretty cool!! I have been teaching at Kaplan for over 8 years -- and really enjoy teaching online! I have been teaching at Kaplan for over 8 years -- and really enjoy teaching online! That being said, I want everyone to know that communication is very very important….if you need extra time on an assignment -- then let me know! If you don’t really understand something and need it clarified -- then let me know!! I am here to help you guys – so please do not be shy about asking for help! That being said, I want everyone to know that communication is very very important….if you need extra time on an assignment -- then let me know! If you don’t really understand something and need it clarified -- then let me know!! I am here to help you guys – so please do not be shy about asking for help!

5. Facts Facts Issue Issue Rule Rule Analysis Analysis Conclusion Conclusion

6. The Facts briefly describe the parties to the dispute, what led them to court, and, in the case of appellate proceedings, the procedural history of the case. Sorting out the parties and their status is an important part of understanding a case. The Facts briefly describe the parties to the dispute, what led them to court, and, in the case of appellate proceedings, the procedural history of the case. Sorting out the parties and their status is an important part of understanding a case. You should limit your discussion of what happened to the relevant facts, those things that made a difference to the court in arriving at its holding. You should limit your discussion of what happened to the relevant facts, those things that made a difference to the court in arriving at its holding.

7. The issue (or issues) before the court is the question at the heart of a dispute, which the court is called upon to settle. The issue (or issues) before the court is the question at the heart of a dispute, which the court is called upon to settle. Understanding the issue is arguably the most important part of a case brief, because if you don’t understand the question, you will miss the answer, and perhaps overlook a case that could be helpful to your research. Understanding the issue is arguably the most important part of a case brief, because if you don’t understand the question, you will miss the answer, and perhaps overlook a case that could be helpful to your research.

8. In many cases, the opinion states the issue in unambiguous terms. Look for sentences that begin with phrases such as “The question to be decided by the court…” or “The issue in this case is…” In many cases, the opinion states the issue in unambiguous terms. Look for sentences that begin with phrases such as “The question to be decided by the court…” or “The issue in this case is…” If the opinion itself does not spell out the issue, perhaps the overview of the case prepared by the publisher or the Syllabus prepared by the court official will designate it for you. If the opinion itself does not spell out the issue, perhaps the overview of the case prepared by the publisher or the Syllabus prepared by the court official will designate it for you.

9. Some law firms follow the practice of providing brief answers to each issue(such as “yes” or “no”), following the listing of issues. “ Some law firms follow the practice of providing brief answers to each issue(such as “yes” or “no”), following the listing of issues. “

10. This part of the case sets forth the relevant statutes, regulations, ordinances, or common law principles that the court applies in arriving at its decision. This part of the case sets forth the relevant statutes, regulations, ordinances, or common law principles that the court applies in arriving at its decision. It is not enough to simply list the applicable rule, but to also mention any exception or defense that the court applied. It is not enough to simply list the applicable rule, but to also mention any exception or defense that the court applied.

11. In this section, you will describe the argument that each party presented and how the court responded and applied the facts to the relevant law. In this section, you will describe the argument that each party presented and how the court responded and applied the facts to the relevant law. If there were any facts that the court found “controlling” or “dispositive” (i.e., made a difference), be sure these facts have previously been mentioned so that the conclusion falls into place. If there were any facts that the court found “controlling” or “dispositive” (i.e., made a difference), be sure these facts have previously been mentioned so that the conclusion falls into place.

12. Describe the court’s reasons for the decision: what policy considerations were behind its decisions? Did the court describe any flaws in existing law or announce any changes its decision would bring about? Describe the court’s reasons for the decision: what policy considerations were behind its decisions? Did the court describe any flaws in existing law or announce any changes its decision would bring about?

13. If there were any concurring or dissenting opinions, as there often are in Supreme Court cases, identify the author and briefly summarize that justice’s position. If there were any concurring or dissenting opinions, as there often are in Supreme Court cases, identify the author and briefly summarize that justice’s position.

14. Briefly state the final outcome of the case. In an appellate opinion, that would include how the opinion being appealed was affected (e.g., affirmed, modified, reversed and remanded, vacated, etc.). Briefly state the final outcome of the case. In an appellate opinion, that would include how the opinion being appealed was affected (e.g., affirmed, modified, reversed and remanded, vacated, etc.).

16. On the day in question, Pig’s brothers reported that Wolf had destroyed their homes and attempted to eat them. Moments later, Wolf appeared at Pig’s newly constructed brick home, disguised as a brush salesman. When Pig would not let him in, Wolf threatened to destroy his home. Finding the brick house sturdy enough to withstand his huffing and puffing, Wolf entered the house through the chimney and fell into a kettle of boiling water, sustaining severe injuries.

17. Wolf subsequently sued Pig, seeking damages based on the theory of premises liability and assault. Pig counterclaimed, alleging trespass and seeking punitive damages for severe emotional distress..

18. The jury found in favor of Pig, and Wolf appeals, alleging 1. It was error to admit evidence of Wolf’s prior attacks on Pig’s brothers. 2. Pig had a duty to keep his premises safe for visitors, 3. The kettle of boiling water was a trap to inflict injury on him 4. Pig was not entitled to use deadly force on visitor. 5. Pig was not entitled to emotional distress damages.

19. 1. Whether it was error to admit evidence of Wolf’s prior attacks on Pig’s brothers. 2. Whether Pig had a duty to keep his premises safe for predator who entered premises for purposes of destroying house and killing and eating homeowner. 3. Whether kettle of boiling water at bottom of fireplace was a trap to inflict injury on one seeking entrance through chimney. 4. Whether Pig was entitled to use deadly force to repel attacks of Wolf who had threatened to kill his brothers and destroy Pig’s home. 5. Whether Pig was entitled to emotional distress damages.

20. 1. It was not error to admit evidence of Wolf’s prior attacks on Pig’s brothers to show Wolf’s intent on entering Pig’s premises. 2. Pig had no duty to keep his premises safe for predator who entered premises for purposes of destroying house and killing and eating homeowner. 3. Kettle of boiling water could reasonably be expected to be found at bottom of fireplace and was therefore not a trap to inflict injury on one seeking entrance through chimney. 4. Pig was entitled to use deadly force to repel attacks of Wolf who had threatened to kill his brothers and destroy Pig’s home. 5. Pig was entitled to emotional distress damages for being put in reasonable fear of his life.

21. 1. Evidence of Wolf’s prior attacks on Pig’s brothers was admissible to show Wolf’s intent on entering was admissible to show Wolf’s intent on entering Pig’s premises. Pig’s premises. 1. Pig had no duty to keep his premises safe for predator who entered premises for purposes of destroying house and killing and eating homeowner. Wolf was a trespasser, not an invitee, and was entitled only to be free of hidden perils. 2. Kettle of boiling water could reasonably be expected to be found at bottom of fireplace and was therefore not a hidden trap to inflict injury on one seeking entrance through chimney. 3. Pig was entitled to use deadly force to repel attacks of Wolf who had threatened to kill his brothers and destroy Pig’s home. 4. Pig was entitled to emotional distress damages for being put in reasonable fear of his life.

22. . The court found no legal error in admitting evidence of Wolf’s prior conduct, in jury finding of Wolf’s liability to Pig as a trespasser, and in award of punitive damages to Pig, and affirmed the verdict of the trial court. The court found no legal error in admitting evidence of Wolf’s prior conduct, in jury finding of Wolf’s liability to Pig as a trespasser, and in award of punitive damages to Pig, and affirmed the verdict of the trial court.

23. Who Wants to be a Millionaire? This is a fun exercise – so give it your best shot….

24. $100 -- What are Cases? A. Written decisions of judges A. Written decisions of judges B. Laws made by Congress B. Laws made by Congress C.Laws made by lawyers C.Laws made by lawyers D. Published laws D. Published laws

25. $200 – What Kinds of Cases Are Analyzed in a Case Brief? A. Lower court decisions only B. Appellate and federal district court decisions C. Pending cases (not yet decided) D. Cases that have been decided in the last ten years E. Any cases that would be useful for a client matter or for a class

26. $400 – Why do legal professionals and students write case briefs? A. Because court rules require it B. To review the main points of a case to help you better understand it C. To store your research for future reference D. To use as a reference in writing a legal memo

27. $500 – What is the difference between a case brief and a legal brief? A. The case brief is written by a legal professional; the legal brief is written by the judge A. A case brief describes many cases; a legal brief describes one case B. A case brief summarizes one case; a legal brief contains a legal argument based on many cases C. A legal brief is a formal version of a case brief.

28. $1,000 – When preparing a case brief, how should you proceed? A. Start outlining the case A. Start outlining the case B. Discuss the case with others to make sure you understand B. Discuss the case with others to make sure you understand C. Write the conclusion while it’s fresh in your mind C. Write the conclusion while it’s fresh in your mind D. Read it as many times as necessary till you understand it D. Read it as many times as necessary till you understand it E. Whatever works best for you E. Whatever works best for you

29. $2000 – Which is the best format for writing a case brief? A. Detailed case brief format A. Detailed case brief format B. FIRAC B. FIRAC C. Varies with instructors or supervising attorneys C. Varies with instructors or supervising attorneys D. IRAC D. IRAC E. CRAC E. CRAC

30. $4000 – What does the “A” in FIRAC stand for? A. Attributes A. Attributes B. Appellant B. Appellant C. Attorney C. Attorney D. Analysis D. Analysis

31. $5000 – What is a “case of first impression?” A. The first case of its kind; no previous precedent on point B. The case was decided impulsively, arbitrarily, and capriciously C. A case in which the decision was in favor of the attorney who spoke first D. A tentative opinion, subject to revision

32. $ 10,000 – You are working on a case and recall briefing a similar case last year. How should you proceed? A. Retrieve the case brief and re-use it A. Retrieve the case brief and re-use it B. Shepardize the case to make sure it’s still good law and then rebrief if necessary B. Shepardize the case to make sure it’s still good law and then rebrief if necessary C. Don’t use it because it’s been used already C. Don’t use it because it’s been used already D. Use the case brief prepared by Lexis to save time D. Use the case brief prepared by Lexis to save time

33. $20,000 – What is a case brief? A. An outline of a written court opinion B. An overview of a case written by the editorial staff C. A paper detailing an attorney’s arguments in court based on several cases D. Introductory remarks by the judge in the written opinion

34. $25,000 – What is the focus of a case brief on an appellate opinion? A. The attorney’s arguments on behalf of the client A. The attorney’s arguments on behalf of the client B. Alleged legal errors by the trial judge B. Alleged legal errors by the trial judge C. Why the case is no longer good law C. Why the case is no longer good law D. The opinion of the person preparing the brief on whether the case is a good precedent D. The opinion of the person preparing the brief on whether the case is a good precedent

35. $50,000 – Using FIRAC, which of the following is included in the Rule section? A. Substantive facts on which the court relied as a basis for its ruling A. Substantive facts on which the court relied as a basis for its ruling B. A concise statement of the relevant facts and applicable rule before the court B. A concise statement of the relevant facts and applicable rule before the court C. The legal principle that the court applied in issuing its ruling C. The legal principle that the court applied in issuing its ruling D. The decision or holding of the case D. The decision or holding of the case that applies the rule

36. $100,000 – Using FIRAC, which of the following is included in the Facts section? A. Information regarding the conduct of the parties on which the court relied as a basis for its ruling A. Information regarding the conduct of the parties on which the court relied as a basis for its ruling B. A concise statement of the relevant facts and applicable rule before the court B. A concise statement of the relevant facts and applicable rule before the court C. The legal principle that the court applied in issuing its ruling C. The legal principle that the court applied in issuing its ruling D. The decision or holding of the case D. The decision or holding of the case that applies the rule

37. $200,000 – How should you use case briefs provided by Lexis and Westlaw? A. To get a quick overview of the case and determine its relevance A. To get a quick overview of the case and determine its relevance B. As a draft of your case brief B. As a draft of your case brief C. Cut and paste with attribution instead of redoing it yourself C. Cut and paste with attribution instead of redoing it yourself D. Don’t use them at all, as it is illegal D. Don’t use them at all, as it is illegal

38. $400,000 –What is a holding? A. A law of any kind A. A law of any kind B. Property contained in a client’s estate or portfolio B. Property contained in a client’s estate or portfolio C. A ruling or decision of the court C. A ruling or decision of the court D. An attorney’s strategy in handling a case D. An attorney’s strategy in handling a case

39. $500,000 – Why will the format of case briefs sometimes differ? A. Cases on point require a different style from other cases A. Cases on point require a different style from other cases B. The style you use depends on the style preferred by the law firm or instructor B. The style you use depends on the style preferred by the law firm or instructor C. Not all cases contain all components of the standard case brief style C. Not all cases contain all components of the standard case brief style D. The style of the brief depends on the length of the case D. The style of the brief depends on the length of the case

40. $600,000 – Which set of facts should you include in your case brief? A. All facts in the case B. Only the facts relevant to the issue you are researching C. Only the most interesting facts D. Only the facts that will help your case

41. $700,000 – When you write your Issues section, which is the best approach? A. Be as detailed as possible A. Be as detailed as possible B. Include all facts and rules B. Include all facts and rules C. Include as many questions as you can, being as creative as possible C. Include as many questions as you can, being as creative as possible D. Be succinct, but include any facts and rules applicable to the legal question at hand D. Be succinct, but include any facts and rules applicable to the legal question at hand E. Skim the case to see whether the court defined the issue E. Skim the case to see whether the court defined the issue

42. $800,000 – What does the word “we” refer to in a court opinion? A. The entire staff of attorneys who worked on the case A. The entire staff of attorneys who worked on the case B. The “royal” we, standing for the court itself B. The “royal” we, standing for the court itself C. The parties and people affected by the ruling C. The parties and people affected by the ruling D. The jury D. The jury [Hint: When you write the brief, use the third person] [Hint: When you write the brief, use the third person]

43. $900,000 – How do you determine the precedential value of a case? A. Unless the facts are identical, the case has no precedential value A. Unless the facts are identical, the case has no precedential value B. If the cases are similar, you can compare them by analogy B. If the cases are similar, you can compare them by analogy C. If the cases are different, you can distinguish the cases C. If the cases are different, you can distinguish the cases D. Look at the length and jurisdiction of the case to determine its value D. Look at the length and jurisdiction of the case to determine its value

44. $1,000,000 – Which is true about plagiarism in writing a case brief? A. Give the full case citation at the beginning of the brief. After that, it’s understood all material comes from the case. A. Give the full case citation at the beginning of the brief. After that, it’s understood all material comes from the case. B. Give the full case citation at the beginning of the brief and use quotation marks or block style to show direct quotes B. Give the full case citation at the beginning of the brief and use quotation marks or block style to show direct quotes C. Plagiarism is not an issue in legal materials because all opinions are public documents C. Plagiarism is not an issue in legal materials because all opinions are public documents D. Plagiarism is not an issue in case briefs because the Bluebook, not the APA manual, controls D. Plagiarism is not an issue in case briefs because the Bluebook, not the APA manual, controls