Question: When you are reading a case and preparing a case brief on it , the brief must include the following information: 1 . Who are

When you are reading a case and preparing a case brief on it, the brief must include the following information:
1. Who are the parties to the suit? (who is suing whom?) You must include ALL parties to the lawsuit.
2. What are the issues to be resolved by the appellate court? Remember, the case reached the appellate court only after a trial or summary proceeding in the lower court and there had to have been a winner and loser in the lower court. Therefore, at least one party will be claiming that the lower court erred (or made a mistake) when it took some action in the case before it. Issues therefore are typically framed as whether the trial court erred when it (did whatever it did).
3. What ruling did the appellate court make with respect to each issue presented on appeal? In this section, the answer is usually yes, the court erred when it (did whatever it did),no, the court did not err when it (did whatever it did); or yes, it erred it part
4. What were the facts presented in the lower court that gave rise to the issues on appeal? This means relevant facts so you need to sift through the facts to determine what is important.
5. What reasoning did the court use to arrive at its ruling on each issue? For example, did it look to statute? To precedent? If so, what cases or law did it rely on to make its determination. In this section, you need to EXPLAIN why the appellate court reached the decision it reached. Do not just cite a case or statute in this section but if the court relied on one in reaching its decision, explain why that case or statute was relevant to the ultimate decision.
REMEMBER, a case brief is BRIEF. Try to get in on one page.Section 155. Liability for damage caused by dog; minors; presumption and burden of proof.
Section 155. If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action.

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