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Dr$.$ Paul Moore, Esq.

HMG$6697$ Hospitality Law

Case Brief Outline $\backslash$& Rubric: $65$ Total Points

Instructions: Case briefs are written differently and they are not always the same. Most case briefs contain similar information. The headings and their sequence may also be different. I recommend that you follow the general format as set forth below or as outlined in one of the attached sample briefs. The following is adapted from A Practical Guide to Legal Writing and Legal Method $($Dernbach$,$ et al$.,2007).$

$1.$ Case name: Include the full citation, including the date of the opinion, for future reference and citation. An example would be as follows: State v$.$ Holloran, $140$ NH $563(2020).2.$ Procedural History: What happened to the case before it arrived in this court? If it is an appellate case, list the decisions made by the lower court$($s$)$ and note what decision is being reviewed $($e$.$g$.,$ jury verdict, summary judgment$).3.$ Facts: Include only the facts that were relevant to the court's decision. You are unlikely to know what these are until you have read the entire opinion. Many cases may include procedural facts that are relevant to the decision in addition to the facts that happened before litigation. $4.$ Issue: The particular question the court had to decide in this case. The issues is typically recited in the decision$/$holding of the Court. Note, cases may have more than one issue. $5.$ Holding$/$Decision: The legal answer to the issue. If the issue is clearly written, then the holding can be expressed as "yes" or $"$no$."$ Be careful not to confuse the holding with the reasoning. See $\backslash$# $7$ below. $6.$ Rule: The general legal principle$($s$)$ relevant to the particular factual situation presented in the case. $7.$ Reasoning: The logical steps the court takes to arrive at the holding. It can be straightforward and obvious, or you may have to extrapolate it from the holding. Some reasoning is based on social policy, which tells you why the holding is socially desirable. Understanding the reasoning behind a decision is essential. $8.$ Disposition: A statement of what the court actually did in the case $($affirmed$,$ overruled, etc.$)9.$ Dissent$/$Concurrence: Although this part of the opinion is not considered law, it may help you better understand some information about the legal reasoning in the case. Not all cases have a dissent or concurrence, while some may have more than one.