case - mcintosh v. murphy (business law)

Project Description:

once you thoroughly read the case, please review these instructions and let me know if you have questions/concerns. i will assign and post the case you are to brief in the conference area.



definition. a brief is a succinct and well-organized condensation of essential case information.

the major sections of your brief are:

case title and citation

facts: explain the facts/events most relevant to the case, in other words, explain what has happened. describe the facts as though you were telling a story to someone who has not read the case. if the case is on appeal, include the ruling(s) of any lower court(s). all and only relevant facts necessary to raise the issue and support the rationale. must be summarized in your own words.

issue: the legal question that the court has been asked to resolve. [in the form of a question or a statement beginning with "whether..."].

the issue is the primary legal question the court must decide. it should be stated in question form. for example, a legal issue might be stated as, “does a private host, who serves alcohol to a social guest who becomes intoxicated and later injures a third party while driving, incur liability for injuries to that injured third party?”



there is only one (1) issue to be decided in most cases. if there is more than one issue to be decided by the court, write each issue separately, and answer each issue separately in the holding. most cases brief assigned in this class will have only one issue to be decided.



write the issue as though you were the judge telling someone what question you must decide in order to resolve a certain legal problem; specify the issue that the highest court must resolve. the case citation will tell you which court or body is deciding the current case.



holding: the court's resolution. [this statement should parallel statement of issue]. the holding is the decision of the court in response to the issue. stating a holding is simply a matter of writing the word “yes” or “no” in response to the legal issue, followed by a few words of explanation.

rationale: reasoning of court in reaching its holding. you should clearly state the law/legal principles upon which the court based its decision.



case brief format requirements: a case brief should adhere to the following presentation format:



approximately 1-2 pages in length;
typed; single spaced within each section;
12-point times new roman or arial font styles;
name, class title/section number, date in the upper right-hand corner;
cite the case at the top center of the page. example of a correct citation: price waterhouse v. hopkins, 490 u.s. 228 (1989). the “490” refers to the volume in which the case is published, which in this case, is the united states reports. “228” refers to the page where the case begins, and “1989” refers to the year the case was decided.
use subheadings for each section, e.g., facts, issue, etc.
double spaced between each section;
correct grammatical and sentence construction, correct punctuation.
paraphrase the court's opinion. do not simply copy it unless you properly cite.

**remember that this brief must be written in your own words. if you choose to use language from the court’s opinion, you must use quotation marks and identify the page number on which the quotation can be found.

a sample case brief is attached for your review.
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