CASE BRIEF RESUME

1
CASE BRIEF RESUME

• Standardized Information
• Range of Successful Ways to Present
• Alter for Different Audiences
• Rarely the Whole Story

2
STATEMENT OF THE CASE
3
STATEMENT OF THE CASE

• Succinct Statement of Nature of Original Lawsuit

4
STATEMENT OF THE CASE

• Succinct Statement of Nature of Original Lawsuit
• In Case Brief Reminds You Quickly What Case Is
  About

5
STATEMENT OF THE CASE

• Succinct Statement of Nature of Original Lawsuit
• In Case Brief Reminds You Quickly What Case Is
  About
• In Court Submissions Quickly Explains Nature of
  Cases You Discuss In Your Arguments

6
STATEMENT OF THE CASE

• Who Sued Whom?

7
WHO SUED WHOM?

• Plaintiff Sued Defendant

8
WHO SUED WHOM?

• Plaintiff Sued Defendant
• Post Sued Pierson

9
WHO SUED WHOM?

• Post, a blond 27-year old Dutch-American
  asthmatic unemployed son of a hero of the
  Revolutionary War ...

10
WHO SUED WHOM?

• Apartment Landlord Sued Former Tenant
• Purchasers of Leaky New House Sued Developer ...
• Consumer Injured By Exploding Blender Sued
  Manufacturer and Seller of Blender ...

11
WHO SUED WHOM?

• Post, (?),
• sued Pierson (?),

12
WHO SUED WHOM?

• Post, a hunter who had been pursuing a fox, sued
  Pierson, who killed the fox knowing of the
  pursuit ...

13
STATEMENT OF THE CASE

• Who Sued Whom?
• Under What Theory?

14
UNDER WHAT THEORY?

• Trespass on the Case
• (See 1st Sentence of Case)
• Indirect Injury to ?s Property

15
UNDER WHAT THEORY?

• Trespass on the Case
• (See 1st Sentence of Case)
• Indirect Injury to ?s Property
• Compare Trespass
• Direct Injury to ?s Property
• Why Indirect Here?

16
STATEMENT OF THE CASE

• Who Sued Whom?
• Under What Theory?
• For What Remedy?

17
FOR WHAT REMEDY?

• Unclear From Case
• Possibilities?

18
FOR WHAT REMEDY?

• Unclear From Case
• Dissent In a court constituted of hunters,
  the skin and carcass of poor reynard would have
  been properly disposed of ...

19
FOR WHAT REMEDY?

• Unclear From Case
• Dissent In a court constituted of hunters,
  the skin and carcass of poor reynard would have
  been properly disposed of
• Normal remedy for Trespass on the Case is Damages

20
SAMPLE STATEMENT

• Post, a hunter who had been pursuing a fox, sued
  Pierson, who killed the fox knowing of the
  pursuit, for trespass on the case, presumably
  seeking damages.
• Lots of Possible Versions

21
PROCEDURAL POSTURE
22
PROCEDURAL POSTURE

• Procedural Steps After Complaint Filed Up To Step
  Getting Case to the Appellate Court

23
PROCEDURAL POSTURE

• Procedural Steps After Complaint Filed Up To Step
  Getting Case to the Appellate Court
• Limit to Steps Necessary to Understand Case

24
PROCEDURAL POSTURE

• Procedural Steps After Complaint Filed Up To Step
  Getting Case to the Appellate Court
• Limit to Steps Necessary to Understand Case
• After Trial Resulted in Verdict for Plaintiff,
  Appellate Court Granted Defendants Petition for
  Certiorari Review

25
FACTS
26
FACTS

• Limit to facts relevant to courts analysis.

27
FACTS

• Limit to facts relevant to courts analysis.
• Cant determine relevance on 1st read select or
  edit after reading whole case.

28
ISSUE/HOLDING
29
ISSUE/HOLDING

• Party Appealing Claims the Lower Court Made a
  Mistake. Identify the Mistake.

30
ISSUE/HOLDING

• Party Appealing Claims the Lower Court Made a
  Mistake. Identify the Mistake.
• Procedural Component of Mistake What Should
  Lower Court Have Done Differently?

31
ISSUE/HOLDING

• Party Appealing Claims the Lower Court Made a
  Mistake. Identify the Mistake.
• Procedural Component of Mistake What Should
  Lower Court Have Done Differently?
• Substantive Component of Mistake What
  Misunderstanding About the Legal Rule Caused the
  Lower Court to Err

32
The declaration and the matters therein
contained were not sufficient in law to maintain
an action.

33
The declaration and the matters therein
contained were not sufficient in law to maintain
an action.

• WHAT WAS
• INSUFFICIENT
• ABOUT IT?

34
Allegation that plaintiff pursued the fox is
insufficient because pursuit alone does not
create property rights in the fox.
35
WHAT SHOULD THE LOWER COURT HAVE DONE DIFFERENTLY?
36
WHAT SHOULD THE LOWER COURT HAVE DONE DIFFERENTLY?

• The Lower Court Should Have Dismissed the Case
  for Failure to State a Claim on Which Relief
  Could Be Granted

37
ALLEGED MISTAKE

• The Lower Court Should Have Dismissed the Case
  for Failure to State a Claim on Which Relief
  Could Be Granted
• Allegation That Plaintiff Pursued the Fox Is
  Insufficient Because Pursuit Alone Does Not
  Create Property Rights in the Fox.

38
Did the Lower Court Err by Failing To Dismiss the
Case for Failure to State a Claim on Which Relief
Could Be Granted Because Pursuit of a Fox Is
Insufficient to Create Property Rights in the
Fox?
39
Simple Substantive Issue Is Pursuit of a Fox
Sufficient to Create Property Rights in the Fox?
40
Simple Substantive Issue Is Pursuit of a Fox
Sufficient to Create Property Rights in the
Fox?Cf. p.2 What acts amount to occupancy,
applied to acquiring right to wild animals?
41
ISSUE ? HOLDING

• Simplest version
• Issue is a question.
• Answer question yes or no.
• Repeat issue in statement form (adjust for
  positive or negative).

42
Did the Lower Court Err by Failing To Dismiss the
Case for Failure to State a Claim on Which Relief
Could Be Granted Because Pursuit of a Fox Is
Insufficient to Create Property Rights in the
Fox?
43
YES. The Lower Court Erred by Failing To Dismiss
the Case for Failure to State a Claim on Which
Relief Could Be Granted Because Pursuit of a Fox
Is Insufficient to Create Property Rights in the
Fox.
44
HOW MUCH DETAIL GOES IN ISSUE/HOLDING?

• Try to include factual detail that seems relevant
  to analysis/outcome
• Can have different versions that incorporate more
  or less detail
• DQ4-5 intended to help you start thinking about
  how to do this

45
Version of Substantive Holding

• To get property rights in a fox, you must be the
  first to occupy it, which means you must do
  more than pursue it.

46
Version of Substantive Holding

• To get property rights in a fox found on a
  deserted beach, you must be the first to occupy
  it, which means you must do more than pursue it.

47
DQ4. Significance of Facts.

• Why might it matter that the fox is caught on a
  deserted beach?

48
Version of Substantive Holding

• To get property rights in a fox found on a
  deserted beach, you must be the first to occupy
  it, which means you must do more than pursue it.
  ?
• To get property rights in a fox found on unowned
  property, you must be the first to occupy it,
  which means you must do more than pursue it.

49
DQ4. Significance of Facts.

• Suppose fox fell into a well before it was shot.
  Change the result?

50
DQ4. Significance of Facts.

• Suppose fox fell into a well before it was shot.
  Change the result?
• Contemporary accounts suggest this really
  happened. Why isnt this discussed in the case?

51
BROAD v. NARROW HOLDINGS

• NARROW
• Covers fewer cases
• Includes more facts
• More specific

• BROAD
• Covers more cases
• Includes fewer facts
• More general

52
Version of Substantive Holding

• To get property rights in a fox found on a
  deserted beach, you must be the first to occupy
  it, which means you must do more than pursue it.
  ?
• To get property rights in a fox found on unowned
  property, you must be the first to occupy it,
  which means you must do more than pursue it.

53
Version of Substantive Holding

• To get property rights in a fox found on unowned
  property, you must be the first to occupy it,
  which means you must do more than pursue it. ?
• To get property rights in an animal found on
  unowned property, you must be the first to
  occupy it, which means you must do more than
  pursue it. ???

54
DQ4. Significance of Facts.

• Why might it matter that the hunted animal is a
  fox as opposed to some other animal?