How the rule applies to the facts of a case

Assignment Help Business Law and Ethics

Reference no: EM133195245 , Length: 2 pages

Question: IRAC the 2 short cases, the cases to read are in the file below. double space, 2-3 page.

Martin v. Martin 878 S.W. 2d 30 (Ky. Ct. App. 1994) (pg 3)

choose any two of the "Notes and Questions" problems following the case to answer

Harms v. Sprague 473 N.E.2d 930 (1984) (pg 21)

How to Brief or IRAC a case:

Issue:

A good issue statement includes the party names, the name of the rule of law the brief is analyzing, and a key fact. What is the issue before the court? What Problem is the court trying to solve? The issue should be one or two sentences, state the party names and the relevant legal terms.

Rule:

The rule is the law that governs the outcome of the case. It should be stated as a general principle and not include any party names or facts. The rule should be stated as a list or an outline- not in paragraph form.

Application:

The application is a discussion of how the rule applies to the facts of a case.

The application shows how you can analyze arguments on both sides and is the most important skill you will learn. The application is normally paragraphs long.

It should be a written debate - not simply a statement of the conclusion. Whenever possible, present both sides of any issue.

Conclusion:

What was the result of the case? Did the appellate or supreme court affirm, reverse or reverse and remand the lower court's decision? The case gives you a background of the facts along with the judge's reasoning and conclusion. When you brief cases, you are summarizing the judge's opinion.

Reference no: EM133195245

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