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How to read legal case reports (How to write case briefs)

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1 How to read legal case reports (How to write case briefs)

2 1.Title of the case e.g., Mary Cereghino, Appellant v. Mart J. Vershum, and Janet Coffyn, Respondents Supreme Court of Oregon, In Banc

3 (1)“ In Re Payne”---- no adversary parties, only one party in the case (2) “ Ex Parte Payne”---- the court procedure with only one party’s participation (3) “United States v. Stevens”---- public prosecution (One party is State or Federal Government Agency.) (4) “United States v. 45 Barrels of Whisky”---- action based on in rem or quasi in rem jurisdiction

4 2. Facts (1)Parties (2)Prior proceedings (3)Theories of the parties (4)The objectives of parties (5)Legally significant facts and background facts

5 (1)Parties “Defendant-appellant-tortfeasor” “Plaintiff-respondent-victim”

6 (2) Prior proceedings “Trial court found against the defendant; Defendant appealed; Court of appeals reversed the trial court’s decision; And now this appeal is before the supreme court.”

7 (3) Theories of the parties “Plaintiff’s claim: breach of contract; false imprisonment Defendant’s defense (contention): lack of consideration; consent” (4) The objectives of parties “getting specific performance; getting damages in the amount of $55,000; getting acquitted” (5) Legally significant facts and background facts

8 3. Legal issues more than one legal issues ≠ disputes of parties issues of facts / issues of law relevant rules 4. Reasoning the application of those rules the conclusion the court reached Macro-analysis Micro-analysis

9 Macro-analysis A Reasoning Method: Syllogism --All void contracts have no legal force. (major premise) --All contracts against fairness doctrine are void contracts. (minor premise) ∴ All contracts against fairness doctrine have no legal force. (conclusion) e.g., Tarbert Trading LTD v. Cometal, Inc

10 Tarbert Trading LTD v. Cometal, Inc major premise: All illegal contracts are void and unenforceable. minor premise: The contract between Cometal and Tarbet for sale of red beans is illegal (because an illegal certificate of origin is involved). Conclusion: The contract between Cometal and Tarbet is illegal and void, and their disputes can’t be settled by the court.

11 Micro-analysis (1) parties’ different argumentations towards “legal issue” judge’s attitudes / opinions towards their argumentations A. argumentation of parties: “claim”, “allege”, “complaint”, “assert”, “contend”, “argue”, “urge”… B.Opinions of judge: “I agree”, “I don’t think.’ …

12 5. Holding: the last declaration Memorandum opinion concurring opinion dissenting opinion ( affirmed, reversed, modified, vacated) 6. Comments (reaction)


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