Answers
\Q\.What is the value of case briefs? - ANSWER-✔Process and Product
\Q\.What is the format for case briefs? - ANSWER-✔FIRAC
\Q\.What do you need to include in a facts section of a case brief? - ANSWER-✔Story-telling and
legally dispositive facts
\Q\.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
\Q\.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)
\Q\.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.
\Q\.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
, \Q\.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
\Q\.What is Consideration? - ANSWER-✔Something bargained for and received by a promisor
from a promisee. Consideration or a valid substitute is required to have a contract
\Q\.What are common types of consideration? - ANSWER-✔Real or personal property, a return
promise, some act, or a forbearance
\Q\.What is the issue section of a case brief? - ANSWER-✔The question that the court is
deciding; any point in dispute between different parties
\Q\.How long should a typical issue statement be? - ANSWER-✔A sentence in length
\Q\.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
\Q\.What should an issue statement include? - ANSWER-✔Both dispositive facts and key legal
language
\Q\.What should an issue statement look like? - ANSWER-✔Does [determinative fact] [satisfy
the rule/element? Is [the rule satisfied] where [determinative fact]?
\Q\.What is the issue in Hamer v. Sidway? - ANSWER-✔Is there consideration if one party
successfully abstains from a legal right due to a promise from the other party?