instructor's sample case brief

instructor's sample case brief - INSTRUCTORS SAMPLE APPEALS...

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INSTRUCTOR’S SAMPLE APPEALS CASE BRIEF DL GBA 311, PROFESSOR ANDERSON NOTE: IT IS BETTER TO READ, STUDY AND UNDERSTAND THE WRITTEN LECTURE ON “APPELLATE PROCEDURE AND HOW TO BRIEF AN APPEALS CASE” BEFORE YOU STUDY THIS “INSTRUCTOR’S SAMPLE CASE BRIEF…” …& YOU NEED TO STUDY, UNDERSTAND AND REFER TO BOTH OF THESE 2 DOCUMENTS BEFORE AND AS YOU BRIEF YOUR CASES. SAMPLE CASE: CHAPTER 4, PAGE 76 Tarasoff v. Regents of the University of California THIS IS NOT ONE OF THE ASSIGNED CASES. EACH OF THE DIFFERENT PARTS OF MY BRIEF IS IN BOLD. THE PART THAT IS NOT IN BOLD IS MY COMMENTARY TO HELP YOU. IF YO HAVE A SPECIFIC QUESTION, JUST LET ME NOW. TO “BRIEF” LITERALLY MEANS TO MAKE SMALLER, TO SUMMARIZE, LIKE “BRIEFING” SOMEONE IN THE MILITARY (ONLY THE RELEVANT AND NECESSARY FACTS ARE GIVEN). You are literally breaking these 5 assigned cases down so several smaller components so that the reader can easily see what is going on and how important the case is – what the court said and why. Trial judges, appeals court justices, lawyers and law professors all have the need to receive case briefs instead of the whole 20- 100 pages of the official case itself. Actually, our cases in this text have already been edited or briefed down to 1 or 2 pages. All you have to do it further brief the cases from the relatively concise version of each one given to us by the text. NOTE: IMPORTANT CASES ARE PUBLISHED IN OFFICAL LAW PUBLICATIONS FOR REFERENCE PURPOSES, POSSIBLY TO BE USED AS “PRECEDENT.” ONLY PUBLISHED CASES CAN BE BRIEFED. THE 5 ASSIGNED CASES FOR YOU ARE ALL APPEALS CASES, BECAUSE MOST PUBLISHED CASES ARE APPEAL CASES. HOWEVER SOMETIMES TRIAL CASES ARE OFFICALLY PUBLISHED AND THEREFORE CAN BE BRIEFED. USUALLY THIS IS BECAUSE THEY WERE NOT APPEALED. OUR TEXT INCLUDES SEVERAL PUBLISHED TRIAL CASES. IMPORTANT NOTE: Bad grammar or syntax, sloppy typos, misspelling, etc. will be counted off on this assignment. In your assignment, include the words “NAME,” “ CITATION,” “FACTS,” “ISSUE,” “HOLDING” AND “ REAS0NING.” 1
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There is no minimum or maximum number of words to be used. It depends on the individual case and what it is needed to properly brief it. That is up to you. Ignore the text’s analysis of this case located on the second half of page 76. It is
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instructor's sample case brief - INSTRUCTORS SAMPLE APPEALS...

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