如何写casebrief.docVIP

如何写case brief~早看了这个上课就不至于那么迷茫了 555~~case brief writing 在英美法的学习中可谓是最常用的基本功了，由于面对的经常是洋洋洒洒的万言判决书，如何抓住case的重点，比如案件事实（facts）、争议点(issues)、法院认定(holding)、推理过程或者判决理由（reasoning），一个简明扼要的case brief 就非常重要了。那怎如何写呢？总结起来差不多有这样几种：一、FPIHRC写法（如下所述） Title (e.g. Roe v. Wade)Citation (e.g. 410 U.S. 113 (1973)) ? Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case. ? Procedure: Most of the cases that youll read in law school will be appellate court decisions. In this section, you want to list what happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section. ? Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no. ? Holding: How did the court answer the issue question(s)? YES/NO? ? Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this section. List what the law was before this case was decided and how the law has changed after this decision. Law professors love to discuss the reasoning of a case in class discussions. ? Concurring/dissenting opinions: Even though I read the concurring and dissenting opinions, I rarely brief them. However, there are some cases (e.g. Youngstown Sheet Tube Co. v. Sawyer) where the concurring or dissenting opinions end up becoming more important than the majoritys opinions. In such cases, you should add this section to your case brief.二、FIHRQ写法（注意：下面第一条的citation是每个case brief都必须要有的，另外还应当包含the cases title） ? I. CITATION ? From what specific source is the case taken?For example, was the case reported in the U.S. Supreme Court Reports? ? II. THE FACTS ? A. Material ? ·?? What materially happened? ? ·?? Was there, for example, a collision on the high seas? A dispute over territory? ? B. Legal ? ·?? From what legal