JD NEXT QUESTIONS AND ANSWERS
What are the purposes (value) of creating case briefs? - (ANSWER)Process: Helps you analyze and
understand cases
Product: Creates a useful summary for review
For YOU: Designed to aid your learning and understanding.
Compare one case with another
Organize your analysis
Review your materials
What is the general format for a case brief? (Acronym) - (ANSWER)F acts
I ssue
R ule
A nalysis
C onclusion
In the "Facts" section of a case brief, what two kinds of facts should you include? - (ANSWER)Storytelling
facts: Help you remember the case (context).
Legally dispositive facts: Apply to the rules and issues; key to the conclusion.
What is a legally dispositive fact ? - (ANSWER)A fact whose presence or absence determines the
outcome of a legal issue or case. Resolves a particular point in law.
In the "Facts" section, what key information must you always state? - (ANSWER)Who is suing whom
under what cause of action for what remedy?
Which party is the Plaintiff and which is the Defendant?
Procedural Posture: What happened in the lower court(s)? (Especially if it's an appellate case)
How should you describe the procedural posture in the facts section of a case brief? - (ANSWER)What
happened in the lower court?
Who won?
,JD NEXT QUESTIONS AND ANSWERS
Result on Appeal: Was the trial court reversed or affirmed?
What type of facts should not be added to the fact section of a case brief, unless they are relevant? -
(ANSWER)Irrelevant facts like dates and the colors of clothes the Plaintiff was wearing.
Unless it was relevant to the conclusion.
What should you be paying attention to when reading assigned cases? - (ANSWER)Facts
Issues
Rules
Analysis/Application/Argument
Conclusion
After you read the case, what should you write down? - (ANSWER)Chronological summary of all relevant
facts
Summary of the Plaintiff's best arguments and the Defendant's best arguments on applying the rule to
the facts of the case.
What questions should you ask yourself when reading the case? - (ANSWER)What would I have done
differently if I had represented one of the parties or had been the judge?
Why is this case being studied so early on in this course? Why did the professor assign it?
How might it be tested?
How is a holding different from a rule ? - (ANSWER)Rule: The law the court applies.
Holding: The court's decision on the specific issue, based on the facts and the applied rule. It's an
interpretation, not a simple answer. Establishes the new "rule of the case."
Explain the relationship between "holdings" and "rules" over time. - (ANSWER)Repeated holdings in
similar cases can eventually solidify into legal rules .
What does it mean that the court's language (in stating a holding) is not always "definitive"? -
(ANSWER)Subsequent courts may interpret the holding differently than the original court stated it.
,JD NEXT QUESTIONS AND ANSWERS
What does it mean that "better" interpretations of a holding depend on your purpose? - (ANSWER)The
most persuasive interpretation depends on how you intend to use it: arguing a case or predicting future
legal outcomes.
Why are legally dispositive facts or material facts important to understand? - (ANSWER)Because you
must understand the rule and the issue and the holding.
You must understand the rule of law.
Helps you identify what is important for the outcome of the case.
What questions should you answer in the facts section of the case brief? - (ANSWER)What court issued
the opinion?
Which party is seeking relief?
What sort of motion is at issue?
What was the disposition of the lower courts?
What is "briefing the rule" in a case brief? What elements should it include? - (ANSWER)Black-letter law
(clearly established legal principles).
A reformulation of the issue.
Legal test the court states or uses.
Exceptions to the rule (contours).
Why are "exceptions" or "contours" important to include when briefing the rule? - (ANSWER)They
further explain the rule.
You cannot properly apply the rule without understanding its exceptions or contours.
What is the "Basic Rule" (when briefing)? - (ANSWER)A rule, law, or statement that you would want to
take to another set of facts and apply.
What should you AVOID when identifying the rule the court applies? - (ANSWER)Dicta : Statements by
the court that are not essential to the decision.
, JD NEXT QUESTIONS AND ANSWERS
What is the court's "rationale" for the rule it applies? - (ANSWER)The legal or policy arguments the court
uses to support the rule's application.
What phrases might signal the identification of "the issue" in the case? - (ANSWER)Phrases such as "the
question."
What do you need to be mindful of regarding rules discussed in a case? - (ANSWER)When a rule is
discussed, it doesn't necessarily mean it is going to be applied.
What three statements were included in the notes about contracts? - (ANSWER)A contract must be
supported by consideration.
Waiver of a legal right at the request of another party is consideration.
It does not matter whether or not the thing promised is a benefit.
Term: Consideration in Contract Law - (ANSWER)A bargained-for exchange where something of value is
promised in return for something else of value. This may be a performance, forbearance, or the
creation/modification/destruction of a legal relation.
Distinguishes enforceable promises.
Term: Hamer v. Sidway - Key Fact - (ANSWER)Uncle promises nephew $5,000 to refrain from drinking,
tobacco, swearing, gambling until 21.
Nephew fulfills the promise.
Term: Hamer v. Sidway - Legal Issue - (ANSWER)Is forbearance from legal acts (drinking, etc.) valid
consideration for a contract?
Term: Hamer v. Sidway - Holding - (ANSWER)Yes. Nephew's forbearance is valid consideration. Contract
is enforceable.
Term: Hamer v. Sidway - Reasoning - (ANSWER)Nephew had a legal right to engage in those activities.
Giving up that right = detriment = consideration. Benefit to promisor irrelevant.
What are the purposes (value) of creating case briefs? - (ANSWER)Process: Helps you analyze and
understand cases
Product: Creates a useful summary for review
For YOU: Designed to aid your learning and understanding.
Compare one case with another
Organize your analysis
Review your materials
What is the general format for a case brief? (Acronym) - (ANSWER)F acts
I ssue
R ule
A nalysis
C onclusion
In the "Facts" section of a case brief, what two kinds of facts should you include? - (ANSWER)Storytelling
facts: Help you remember the case (context).
Legally dispositive facts: Apply to the rules and issues; key to the conclusion.
What is a legally dispositive fact ? - (ANSWER)A fact whose presence or absence determines the
outcome of a legal issue or case. Resolves a particular point in law.
In the "Facts" section, what key information must you always state? - (ANSWER)Who is suing whom
under what cause of action for what remedy?
Which party is the Plaintiff and which is the Defendant?
Procedural Posture: What happened in the lower court(s)? (Especially if it's an appellate case)
How should you describe the procedural posture in the facts section of a case brief? - (ANSWER)What
happened in the lower court?
Who won?
,JD NEXT QUESTIONS AND ANSWERS
Result on Appeal: Was the trial court reversed or affirmed?
What type of facts should not be added to the fact section of a case brief, unless they are relevant? -
(ANSWER)Irrelevant facts like dates and the colors of clothes the Plaintiff was wearing.
Unless it was relevant to the conclusion.
What should you be paying attention to when reading assigned cases? - (ANSWER)Facts
Issues
Rules
Analysis/Application/Argument
Conclusion
After you read the case, what should you write down? - (ANSWER)Chronological summary of all relevant
facts
Summary of the Plaintiff's best arguments and the Defendant's best arguments on applying the rule to
the facts of the case.
What questions should you ask yourself when reading the case? - (ANSWER)What would I have done
differently if I had represented one of the parties or had been the judge?
Why is this case being studied so early on in this course? Why did the professor assign it?
How might it be tested?
How is a holding different from a rule ? - (ANSWER)Rule: The law the court applies.
Holding: The court's decision on the specific issue, based on the facts and the applied rule. It's an
interpretation, not a simple answer. Establishes the new "rule of the case."
Explain the relationship between "holdings" and "rules" over time. - (ANSWER)Repeated holdings in
similar cases can eventually solidify into legal rules .
What does it mean that the court's language (in stating a holding) is not always "definitive"? -
(ANSWER)Subsequent courts may interpret the holding differently than the original court stated it.
,JD NEXT QUESTIONS AND ANSWERS
What does it mean that "better" interpretations of a holding depend on your purpose? - (ANSWER)The
most persuasive interpretation depends on how you intend to use it: arguing a case or predicting future
legal outcomes.
Why are legally dispositive facts or material facts important to understand? - (ANSWER)Because you
must understand the rule and the issue and the holding.
You must understand the rule of law.
Helps you identify what is important for the outcome of the case.
What questions should you answer in the facts section of the case brief? - (ANSWER)What court issued
the opinion?
Which party is seeking relief?
What sort of motion is at issue?
What was the disposition of the lower courts?
What is "briefing the rule" in a case brief? What elements should it include? - (ANSWER)Black-letter law
(clearly established legal principles).
A reformulation of the issue.
Legal test the court states or uses.
Exceptions to the rule (contours).
Why are "exceptions" or "contours" important to include when briefing the rule? - (ANSWER)They
further explain the rule.
You cannot properly apply the rule without understanding its exceptions or contours.
What is the "Basic Rule" (when briefing)? - (ANSWER)A rule, law, or statement that you would want to
take to another set of facts and apply.
What should you AVOID when identifying the rule the court applies? - (ANSWER)Dicta : Statements by
the court that are not essential to the decision.
, JD NEXT QUESTIONS AND ANSWERS
What is the court's "rationale" for the rule it applies? - (ANSWER)The legal or policy arguments the court
uses to support the rule's application.
What phrases might signal the identification of "the issue" in the case? - (ANSWER)Phrases such as "the
question."
What do you need to be mindful of regarding rules discussed in a case? - (ANSWER)When a rule is
discussed, it doesn't necessarily mean it is going to be applied.
What three statements were included in the notes about contracts? - (ANSWER)A contract must be
supported by consideration.
Waiver of a legal right at the request of another party is consideration.
It does not matter whether or not the thing promised is a benefit.
Term: Consideration in Contract Law - (ANSWER)A bargained-for exchange where something of value is
promised in return for something else of value. This may be a performance, forbearance, or the
creation/modification/destruction of a legal relation.
Distinguishes enforceable promises.
Term: Hamer v. Sidway - Key Fact - (ANSWER)Uncle promises nephew $5,000 to refrain from drinking,
tobacco, swearing, gambling until 21.
Nephew fulfills the promise.
Term: Hamer v. Sidway - Legal Issue - (ANSWER)Is forbearance from legal acts (drinking, etc.) valid
consideration for a contract?
Term: Hamer v. Sidway - Holding - (ANSWER)Yes. Nephew's forbearance is valid consideration. Contract
is enforceable.
Term: Hamer v. Sidway - Reasoning - (ANSWER)Nephew had a legal right to engage in those activities.
Giving up that right = detriment = consideration. Benefit to promisor irrelevant.
