Reference no: EM13836063
Briefing Cases- To brief cases, case problems and questions, use the following "IRAC" format:
Issue: What is the issue of the case? In other words, what question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. "Has there been a false imprisonment if the plaintiff was asleep at the time of 'confinement'?") rather than general (e.g. "Will the plaintiff be successful?") You may make it referable to the specific case being briefed (e.g. "Did Miller owe a duty of care to Osco, Inc.?") or which can apply to all cases which present a similar question, (e.g. "Is a duty owed whenever there is an employment relationship?") Most cases present one issue. If there is more than one issue, list all, and give rules for all issues raised.
Rule: The rule is the law which applies to the issue. It should be stated as a general principal, (e.g. "a duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff') not a conclusion to the particular case being briefed (e.g. "the plaintiff was negligent").
Application: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is normally paragraphs long. It should be written debate - not simply a statement of the conclusion. Whenever possible, present both sides of any issue. Do not begin with your conclusion. The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn.
Conclusion: The conclusion states the result of the case.
With cases, the text gives you a background of the facts along with the judge's reasoning and conclusion. When you brief cases, you are basically summarizing the judge's opinion.
With case problems which are in the text, the editors have provided a summary of the facts of an actual case, but have not given the conclusion or the judge's opinion. Your job is to act as the judge in reasoning your way to a ruling, using the 1RAC format. While most of these case problems are followed by a question, ignore the question and instead brief the problem.
Most briefs are one page long. You must bring your assigned brief to class on the day they are to be discussed. Once an assignment has been discussed, you no longer need to bring it to class. Each student is required to type or handwrite a brief for all assigned cases using the 1RAC method. During the semester, students will be required to periodically submit their briefs.
Supplemental Cases & Case Problems
Bhattal v. Hyatt
Mr. and Mrs. Bhattal checked into the Hyatt Hotel in New York, checked in, had their luggage brought into their room and went out. When they returned, they discovered that their luggage was missing. As a result of a computer error, their luggage was sent to JFK International Airport with the luggage of a Saudi Arabian flight crew who had previously been staying in the Bhattal's room. In their conversion suit against the hotel, what result? Discuss fully.