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What is the value of case briefs? - ANSWER-Process and Product
What is the format for case briefs? - ANSWER-FIRAC
What do you need to include in a facts section of a case brief? -
ANSWER-Story-telling and legally dispositive facts
What do you always state in a facts section of a case brief? - ANSWER-
Who is suing whom under what cause of action for what remedy
What is Procedural Posture? - ANSWER-A summary of how the case
arrived in the court, which describes what procedural steps led to the
particular issue (trial court) or what happened in the court below
(appellate court)
What is Black Letter Law? - ANSWER-Basic standard rules that are
generally known and free from doubt. The black letter law on any
subject consists of rules that can be applied in a very mechanical way
without moral qualms or other considerations.
, What is the rule section in a case brief? - ANSWER-It is the legal test
the court states or uses and what you can apply to other cases
What is the black letter law identified in Hawkins v. McGee? -
ANSWER-The measure of the vendor's damages is the difference
between the value of the goods as they would have been, if the
warranty as to quality had been true, and the actual value at the time
of the sale
What is Consideration? - ANSWER-Something bargained for and
received by a promisor from a promise. Consideration or a valid
substitute is required to have a contract
What are common types of consideration? - ANSWER-Real or personal
property, a return promise, some act, or a forbearance
What is the issue section of a case brief? - ANSWER-The question that
the court is deciding; any point in dispute between different parties
How long should a typical issue statement be? - ANSWER-A sentence
in length
How many issue statements should you have for any given case? -
ANSWER-It depends on the case as some cases have more than one
issue and will require issue statements for each issue
What should an issue statement include? - ANSWER-Both dispositive
facts and key legal language
What should an issue statement look like? - ANSWER-Does
[determinative fact] [satisfy the rule/element? Is [the rule satisfied]
where [determinative fact]?