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Case Presentation

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STUDENT BRIEF 1. Title/ name of case and citation 2. Facts of the case 3. Issues 4. Decisions ( holdings) 5. Reasoning (rationale ) 6. Separate Opinions 7. Analysis TITLE/NAME OF CASE
Eg: Macarthys v. Smith
= who is opposing whom, name of person who initiated the legal action appears first CITATION
Eg: Court of Appeal [1963] ALL E.R. 908
Court of Appeal = court where the case was heard
[1963] = year the case was reported
ALL E.R. 908 = All England Report = journal in which the report was published, and page FACTS OF THE CASE – in chronological order
Events leading to the lawsuit, including identity of the parties*
What happened in the lower court/s – procedural history
Complaint/ allegations made by the plaintiff / charges
The relevant law and why the case was thought to involve illegal conduct
Evidence and arguments presented in court
Lower court’s decisions/actions
- Eg, defendant ordered to pay what, defendant convicted/acquitted, appeal denied, etc *The parties : Civil suit : plaintiff sue defendant, Eg Smith v. Macarthys (read as ‘smith and macarthys’) Criminal cases : government prosecute defendant Eg : R v Terry (read as ‘The Queen against Terry’) Appeal cases (civil or criminal), eg macarthys v. Smith Appellant = party making the appeal, name appears first Appellee = the opponent party Petition for Writ of Certiorari (review at Supreme Court) Petitioner = party who lost appeal case, asking for review at higher court Respondent = the party who won appeal at lower court
ISSUES/ QUESTIONS OF LAW RAISED BY THE FACTS – in the form of yes-no questions
- Some issues are of interest only to lawyers

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