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Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
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These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
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Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
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How To Brief a Case Confusion often arises over the term le.docx
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Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
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1. Effective pre-trial procedures like taking instructions from clients can help manage cases by preventing delays and encouraging settlements. Ineffective procedures can lead to court congestion and denial of justice.
2. There are requirements for pleadings like the plaint stating circumstances constituting each cause of action. A court may refuse a plaint if these requirements are not met.
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Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
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The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
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Statement of issues
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Unit I Lesson Notes:
Employer-Employee Relationship
The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law.
This traditional employment relationship is sometimes modified by employment contracts. Employment contracts are governed by the rules that apply to contracts in general. An employment contract is based on an agreement between the employer and the employee and states express consideration (i.e., the employee promises to work for the employer for a specified period, and the employer agrees to pay the employee a specified amount of compensation). It must be made between parties that have the legal capacity to enter into a contract and be for a legal purpose. Employees hired with a contract can only be terminated according to the provisions of the contract. Conversely, employees hired under the at-will doctrine can have their employment terminated at any time and for any legal reason by either the employer or the employee. As with any other contract, the breach of an employment contract entitles the non-breaching party to recover damages that arise because of the breach of the contract.
An employee who is fired in violation of an employment contract can recover any compensation due under the contract that has not been paid. For an employer, that means an employee who quits in violation of an employment contract may have to pay the costs of finding, hiring, an.
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Unit I Lesson Notes:
Employer-Employee Relationship
The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law.
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© 2017. Grand Canyon University. All Rights Reserved.
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Unit I Lesson Notes:
Employer-Employee Relationship
The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law.
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Using the law to determine the legal issue
The document discusses various techniques for analyzing legal issues and statutes, including:
1) Identifying the essential or determinative facts that would cause a court to reach a different decision if changed.
2) Outlining statutes to break them down into their elements in order to define the legal issue.
3) Using tools like plain meaning, legislative intent, canons of construction, and agency interpretations to resolve any ambiguities when interpreting statutes.
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Depositions
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Companies chosen are Google, Pay-pal, & AmazonSeveral compani.docx
Companies chosen are: Google, Pay-pal, & Amazon
Several companies use their brand as a competitive advantage. Given your knowledge about the global economy, identify three brands you believe have the strongest likelihood of remaining a source of advantage in the 21st Century and explain why. Explain the effects you believe the Internet’s capabilities will have on the brands you identified in the previous discussion and what the owner of the brand should do in light of them.
Choose one of the companies above, analyze the internal environment of the company you researched to determine that company’s strengths and weaknesses. Based on the strengths and weaknesses you discovered, determine what steps the company could take to positively impact the company’s competitiveness. Explain your rationale.
Unit I Lesson Notes:
Employer-Employee Relationship
The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law.
This traditional employment relationship is sometimes modified by employment contracts. Employment contracts are governed by the rules that apply to contracts in general. An employment contract is based on an agreement between the employer and the employee and states express consideration (i.e., the employee promises to work for the employer for a specified period, and the employer agrees to pay the employee a specified amount of compensation). It must be made between parties that have the legal capacity to enter into a contract and be for a legal purpose. Employees hired with a contract can only be terminated according to the provisions of the contract. Conversely, employees hired under the at-will doctrine can have their employment terminated at any time and for any legal reason by either the employer or the employee. As with any other contract, the breach of an employment contract entitles the non-breaching party to recover damages that arise because of the breach of the contract.
An employee who is fired in violation of an employment contract can recover any compensation due under the contract that has not been paid. For an employer, that means an employee who quits in violation of an employment contract may have to pay the costs of finding, hiring, and training a replacement. They may even have to pay back some of the compensation that has already been .
How to Make Your Law College the Best
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Bio reference - consent stipulation
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Negotiating the Ethics of Settling a Product Liability Suit
Negotiating the Ethics of Settling a Product Liability Suit, LJN’s Product Liability Law & Strategy
Marionv orlando
The court denies the appellant's motion for rehearing or certification to the Supreme Court. The motion was improper and violated numerous rules. It failed to identify any facts overlooked or explain how the court's decision conflicted with precedents. The motion contained unsupported factual assertions and was an emotional tirade. The court directs the appellant's counsel to appear and show cause why sanctions should not be imposed for the frivolous motion and violations of conduct rules.
How+to+Negotiate+in+the+Plea+Bargaining+Process
This document provides an overview of plea bargaining negotiation, including the roles of prosecutors and defense attorneys. It discusses the history and prevalence of plea bargaining in the U.S. criminal justice system. Prosecutors have significant discretion but also duties of justice, while defense attorneys must provide effective counsel to clients during negotiations. The document recommends defense attorneys understand the various forces at play and utilize negotiation techniques to obtain the best deals possible for their clients.
Libr430 Week1
This document provides an overview of key concepts in information literacy and legal research. It discusses determining the scope of information needed, accessing information effectively, evaluating sources critically, and incorporating information into one's knowledge. It also covers primary vs secondary legal sources, jurisdiction, precedent, and the different types and sources of law in the United States legal system including common law, statutes, regulations, and court decisions.
ONUS PROBANDI
Onus probandi refers to the burden of proof in a court case. The party with the burden of proof, usually the plaintiff in civil trials or the prosecution in criminal trials, must use evidence to convince the decision maker that their side of the story is true. The level of proof required depends on the type of case, from a preponderance of evidence in civil cases to beyond a reasonable doubt in criminal cases. The party with the burden of proof is responsible for shifting the accepted conclusion away from the opposing side's view to their own view through evidence.
Libr430 Week1
This document provides an overview of key concepts in information literacy and legal information literacy. It discusses determining the extent of needed information, accessing and evaluating information sources, incorporating information into knowledge, and understanding legal, economic, and social issues related to information use. The document also summarizes the American legal system, including sources of law such as common law, constitutions, statutes, and administrative rulings. It describes primary and secondary legal sources and the importance of jurisdiction and citation in legal information.
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This document provides an overview of key concepts in information literacy and legal information literacy. It discusses determining the extent of needed information, accessing and evaluating information sources, incorporating information into knowledge, and understanding legal, economic, and social issues related to information use. Key areas of legal information literacy include knowing what information to look for, understanding relevance, deciding when enough information has been gathered, and citing sources legally. The document also summarizes sources of law in the US including common law, constitutions, statutes, regulations, and court decisions. It defines primary and secondary legal sources and discusses jurisdiction, precedent, and the structure of state and federal court systems.
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The document discusses the Christian belief that God created the world. The author argues that creation must have been motivated by God's own selfish desires, as there were no souls before creation that could benefit from it. God felt inadequate before creation because his glory was not fully shining or appreciated. Therefore, creation was done to augment God's glory and have souls praise him, rather than for the benefit of the souls themselves. The author concludes creation was a selfish act motivated by God's own sense of inadequacy and desire to remove limitations, not an unselfish one.
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3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
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CASE LAW -APPROACH TO.pptx
- 1. CASE LAW KANNAN KUNNATHULLY Assistant Professor
- 2. INTRODUCTION APPROACH TO THE CASE READING WHILE ANALYSING THE CASE, THE FOLLOWING ARE VERY MUCH RELEVANT THIS WILL GIVE AN BETTER UNDERSTANDING OF THE CASE WHICH IS READ BY ANY.
- 3. Ask questions On a given point, ask as many question and try to find answers to it. It will bring clarity, depth of knowledge and relevant to understand the case in toto. Why, How, Who, What, When, Where, Which, Whether, What, Did, etc Each such questions will open different dimensions of the cases.
- 4. EXERCISE IDENTIFY THE COURT IDENTIFY THE PARTIES (PETITIONER/RESPONDENT) IDENTIFY THE FACTS IMPORTANT TO THE PETITIONER/PLAINTIFF ARRANGE THE FACTS IN THE CRONOLOGICAL ORDER FACTS IMPORTANT TO THE RESPONDENT/DEFENDANT CLAIM OF THE PLAINTIFF RELIEF SOUGHT BY THE PLAINTIFF IDENTIFY THE APPLICABLE LAWS ISSUES FRAMED LEGAL BASIS OF PLAINTIFF’S CASE LEGAL BASIS OF DEFENDANT’S CASE WHETHER THE CLAIM OF THE PLAINTIFF AND THE DEFENDANT ARE SUCCESSIVE OR ALTERNATIVE.
- 5. IDENTIFY THE COURT THIS IS IMPORTANT TO CHECK WHETHER THE COURT HAS THE COMPETENCE TO ADJUDICATE THE MATTER DETERMINE THE JURISDICTION OF THE COURT FORM SHOPPING, Identify the nature of the case (original jurisdiction, Appeal, Review, Revision, Writ, Tribunals etc)
- 6. IDENTIFY THE PARTIES TO CHECK WHETHER THEY ARE THE RIGHT PARTIES IN THE EVENT OF WRONG PARTIES THE CLAIM WILL FAIL. IT IS BAD BY LAW. THE QUESTION OF JOINTER, NON JOINTER and MISJOINTER MAY ARISE Whether the appellant the original petitioner (or the respondent in the lower court case). Whether the petitioner/respondent is the state, individual or other entity.
- 7. IDENTIFY THE FACTS IMPORTANT TO THE PETITIONER/PLAINTIFF THE PETITIONER/PLAINTIFF INITIATE THE CASE. AS A GENERAL RULE, THE FUTURE OF THE CASE (THE STRENGTH AND WEAKNESS) DEPENDS ON THE PLAINTIFF’S CASE Respondent/ defendants set of facts may differ from petitioner/plaintiff case. (this means there is a conflict in the fact itself rather that the conflict in the law applied and interpreted).
- 8. ARRANGE THE FACTS IN THE CRONOLOGICAL ORDER FOR THE BENEFIT OF REFERENCE MARKING OF EVIDENCE RELEVANCE OF THE EVIDENCES, to apply evidence law. The check the weightage of the law.
- 9. FACTS IMPORTANT TO THE RESPONDENT/DEFENDANT THE POINT OF VIEW , FROM WHICH THE DEFENDANT APPROACH THE CASE MAY BE DIFFERENT THE ORDER AND THE ARRANGMENT OF THE EVIDENCE MAY HAVE CHANGE RESPONDENT CASE MAY BE DIFFERENT FROM THE PETITIONER’S CASE
- 10. CLAIM OF THE PLAINTIFF BASICALLY THE PRAYER IN A PLAINT OR THE PETITION THE SUCCESS OF THE CASE OF THE PLAINTIFF DEPENDENTS ON THE CLAIM A BAD CLAIM IS AS BAD AS LOOSING A CASE (SUIT AND CLAIM BECOMES INFRUCTUS) EG:- in civil case, a declaration suit only has a injunction prayer. It must definitely have declaration payer as well.
- 11. RELIEF SOUGHT BY THE PLAINTIFF THIS IS THE RELIEF SOUGHT BY THE PLAINTIFF/RESPONDENT BASED ON THE LEGAL REMEDIES AVAILABLE DAMAGES, SPECIFIC RELIEF, PENALTIES ETC
- 12. ISSUES FRAMED FROM THE FACTS, THE FACTS WHICH ARE IN CONFLICT WILL BE IDENTIFIED THIS IS CALLED AS FACT IN ISSUE ONE THE FACT IN ISSUE ARE IDENTIFIED, THE ISSUES CAN BE FRAMED THIS IS THE MOST RELEVANT PART IN THE CASE THE OUTCOME OF THE CASE DEPENDS ON THE ISSUES WHICH ARE FRAMED ON THE SUGGESTION OF THE PARTIES
- 13. IDENTIFY THE APPLICABLE LAWS THIS CAN BE SUGGESTED BY THE PARTIES IN THE JUDICAIL PROCESS, IT IS THE DUTY OF THE JUDGE TO IDENTIFY THE RIGHT LAW APPLICABLE THIS INCLUDES ALL SOURCES OF LAW LAW, CUSTOM, PRECEDENT, JURISTIC OPINION, FOREIGN LAW, JURISPRIDENCE AND PRINCIPLES
- 14. LEGAL BASIS OF PLAINTIFF’S CASE THE LAW POINT FROM THE PLAINTIFF MAY BE THE GENERAL LAW WHICH ARE APPLICABLE. THE PRINCIPLES AND HISTORICAL BACKGROUND APPLICABLE BASED ON WHICH THE PLAINTIFF BUILD THE CASE SHALL BE DETERMINED
- 15. LEGAL BASIS OF DEFENDANT’S CASE THERE MAY BE A CHANGE IN THE FACT THIS WILL CHANGE THE POSITION OF LAW USED BY THE PLAINTIFF. FACTS CONTESTED AND DISPUTED THERE MAY BE A CHANGE IN LAW APPLICABLE THE APPLIED LAW POINT MAY BE CONTESTED AND DISPUTED
- 16. WHETHER THE CLAIM OF THE PLAINTIFF AND THE DEFENDANT ARE SUCCESSIVE OR ALTERNATIVE. WHETHER THE CLAIM MADE BY THE PLAINTIFF IS CONTINUED BY THE DEFENDANT AN ALTERNATIVE CLAIM IS MADE BY THE DEFENDANT
- 17. CIRCUMSTANCES A GOOD LAWYER ALWAYS LOOK INTO THE CIRCUMSTANCE OF THE CASE THIS INCLUDES The period in which the case was files The duration of the entire proceedings The date of the judgement/decree or order EG- in Maneka Gandhi case, Mrs Indira Gandhi (mother in law of the petitioner) was the Prime Minister and Maneka Gandhi is the daughter in law of Mrs Indira Gandhi. All these circumstance are relevant in the case.
- 18. Thank you