Case Brief Template.pdf - Briefing a case The Template...

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Briefing a case The Template Lecture by Mr. Brian Tom, LLB Teaching Fellow, SOL-CHRD E-mail: [email protected] Learning outcomes: 1) In briefing cases, students will be able to distinguish and identify the facts, issue(s), decision, ratio and obiter (if any) of any given case; and 2) students will be able to properly brief a case.
The basic format is as follows: 1. Facts 2. Issue(s) 3. Held (a.k.a. Holding, Decision etc.…) 4. Ratio decidendi (which means reasons for decision) 5. Obiter dictum (said in passing)
The Facts The facts of a case is the set of circumstance and or events surrounding and leading up to the legal dispute in question. It is basically the story behind the litigation. However, the facts are as found by the trier of fact (which is the court in PNG) based on the rules of evidence. For purposes of briefing cases, it should be noted that most cases have more than one issues for determination. Therefore not all facts reported are necessarily relevant for purposes of particular issues. In other words, some facts may be relevant for one issue while others may not be relevant. Put simply, you don’t have to copy the whole facts as they appear in the judgments onto your case briefs as your facts.
The Issue(s) Issues are basically questions that the court must answer to resolve the case. They can be either questions of law or questions of fact. Usually the parties to the litigation will agree as to what the important issues are during the process of pleading. Sometimes they may not agree. In any case, the court will determine what the issues are based on the pleadings and cause

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