Reference no: EM133194478 , Length: 2 pages
CASE BRIEF WRITING ASSIGNMENT
MODEL
Facts
Explain the circumstances which brought the parties to court. Include only the facts relevant to this issue. State the significant facts necessary to present an adequate explanation without introducing information that is not pertinent or that might confuse the reader.
Issue
State the issue presented to the court in one sentence. If possible, state the question in a for that could be answered "yes" or "no."
Holding
State how the court decided the issue by answering the question "yes" or "no", or some other appropriate response to the question. You may add explanation if you wish, but it is not necessary.
Reasoning
In your own words, explain how the court came to the conclusion that it did. You may quote from the decision, but the analysis should be your own. If you quote from the decision, indicate the page from which the quote is taken. Note that no new facts should be introduced in this section. All facts used by the court to reach its decision should be stated in the "Facts" section.
Summary of Dissenting Opinion
A dissenting opinion is written by a judge or judges on an appellate panel who do not agree with the decision of the majority of the judges on the panel. Not all cases include dissenting opinions. Palsgraf, however, does. In your own words, explain how the dissent disagrees with the majority, and what rule the dissenting opinion would have made.
Helen Palsgraf, Respondent, v The Long Island Railroad Company, Appellant.