Case Brief Format

6 MS Prac. Encyclopedia MS Law 52:1 (2d ed.) October 2018 Update Encyclopedia of Mississippi Law Jeffrey Jackson Mary Miller Donald Campbell Chapter 52. Negligence Grafton E. Bragg $ 52:1. Background and preliminary considerations The law of negligence is straightforward. The legal concepts are rooted in common sense notions of equity and fairness. Multiple formerly available defenses have been abolished in modern times. Principles governing damages are generally consistent with those found elsewhere. Although the law may furnish more particularized rules for certain contexts, to prevail under the negligence theory, a plaintiff must always establish the same four basic elements. This is true whether the case involves a car accident, premises liability, professional liability (such as legal malpractice or medical malpractice), entrustment of property, or supervision of others. Presenting a greater challenge than the basic principles is application of fact to these principles, which can be seemingly inconsistent from one case to another. A Mississippi Justice's century-old statement remains true today: "what constitutes negligence must depend always upon the surrounding conditions and the attendant circumstances of the particular instance. No hard and fast rule of action can be prescribed, which will make the same course of conduct under any and all circumstances either wise or unwise, cautious or reckless. 1 The author is an attorney with Wise Carter Child & Caraway, P.A. in Jackson, Mississippi. Westlaw. 2018 Thomson Reuters. No Claim to Orig. U.S. Govt. Works. Footnotes 1 Louisville & N. R. Co. v. Crominarity, 86 Miss. 464, 38 So. 633, 634 (1905). End of Document 2019 Thomson Reuters. No claim to original U.S. Government Works. CASE BRIEFING What is a Case Brief? When Blackboard indicates a requirement to formally brief" a specific case, you will need to do so in writing. Blackboard will indicate the class date the case briefs are to be submitted as part of your grade. These formal briefs are due by the start of the class period by emailing them to me at rmcnees@holcombdunbar.com. These assigned briefs will be a useful tool for preparing for class discussion. Since I will call on students to discuss assigned cases, having your brief in hand will help you be prepared. How to write a Case Brief: We will discuss brief-writing more in class, but the following provides a good guide. The briefs will need to follow the I-R-A-C (Issue - Rule Application - Conclusion) format: Issue: What question must be answered in order to reach a conclusion in the case? The issue must be expressed in the form of a legal question, which, when answered, gives a result in the particular case. Make it specific (Has there been a false imprisonment if the plaintiff was asleep at the time of confinement?) rather than general (Will the plaintiff be successful?) You may make re refer to the specific case being briefed (Did Miller owe a duty of care to John?) or which can apply to all cases that present a similar question (What duty is owed to someone invited to your house to help you move?). Many cases present more than one issue to be addressed. Rule: The rule is the law that applies to the principal issue. It should be stated as a general principal (A duty of care is owed whenever the defendant should anticipate that her conduct could create risk of harm to the plaintiff), not a conclusion to the particular case being briefed (The plaintiff was negligent). Typically, the Rule can be expressed in one or two sentenced, or it may have several factors to identify. The Rule should always relate to the issue. If you see that the two are unrelated, then maybe the issue or rule is not correct. Application: The application is a discussion of how the rule applies to the facts of a particular case. It is often a description of the court's thought process by which it answered the issue and established the Rule. While the issue and Rule are typically short, the facts could be two to four paragraphs long. Identify the relevant facts of the case and whenever possible, include arguments on both sides. Conclusion: What was the result of the case? What did the court decide? Did it affirm the lower court decision or reverse the decision? With cases, the text gives you a background of the facts, along with the court's reasoning and conclusion. When you brief cases, you are basically summarizing the court's opinion. Most briefs will be one page and should not exceed two pages