Case Briefs for Patch v Hillerich & Bradsby Co. and Dillon V Champion Jogbra, Inc. and state who is the plaintiff and who is the defendant in the case.

Case Briefs for the following cases:

1. Patch v Hillerich & Bradsby Co.

2. Dillon V Champion Jogbra, Inc.

Below are the directions. Each case brief should be 1.5 pages, so a total of 3 pages between the two briefs.

Case name and citation: Include the last names of the parties and citation just as in the text. (Worth 5 points)

Facts: Don’t copy all of the facts provided – you don’t want to “re-read” the case. Instead, be selective in the facts used in the brief.

First, identify the parties. Specifically state who is the plaintiff and who is the defendant in the case.

Next, select those facts necessary for you to understand what is happening between the parties or the court.

Then, review those facts again to select only those facts most relevant to the outcome of the case. For instance, if the case was a hit and run, the fact that the victim said the car that hit him was red, then the color “red” is a relevant fact. (Especially if the defendant’s car is blue.) However, if the case is a contract for the purchase of a specific car, the fact that the car being purchased is “red” is probably not a relevant fact. Be sure to capture the relevant facts.

Finally, include the results at each level of the court system (court history). For instance, the trial court found for the plaintiff. The defendant appealed and the case was overturned by the appellate court. You will always have 2 levels in your brief (trial court/appellate court), and maybe more depending on how far the case has progressed. (Worth 25 points: Identification of the Parties – 5; Selection of Facts – 10; Court history – 10)

Issue: Put this in the form of a question that can be answered “yes” or “no”. What was the legal question (legal theory) the court was trying to determine? Usually the author of the text has edited the case to illustrate a single issue. However,sometimes there may be more than 1 issue involved. If so, be sure to address all of the issues separately. (Worth 20 points: divided by the number of issues in the case)

Holding: What was the court’s answer to the question? This should be either “yes” or “no” in response – that’s it. Don’t explain the courts response, that’s done in the reasoning. Also, be sure to have a holding for each issue when you identify more than 1 issue. (Worth 5 points: divided by the number of issues/holdings in the case)

Reasoning: Why did the court hold the way it did? What facts were used to made the determination (hint – these are your relevant facts)? What law was applied to make the decision? Be sure to have a reasoning for each issue when you identify more than 1 issue.

What was the court’s final action taken? (Affirmed, Reversed, Remanded, etc.) (Worth 30 points: Reasoning – 20 ; Court’s final action – 10)

Other Judge Dissent/Concurrence: Sometimes a member of the court will agree with the majority decision (concur), but for reasons different than the majority opinion, or will disagree (dissent), and that member will write a separate opinion to be included in the ruling on the case. Please be sure to address any such dissents or concurrences in your brief. Not every case will have another judge’s opinion, if that’s the case, just put N/A. (Worth 5 points)

Personal Thoughts/Comments: Please share your thoughts about the case. For instance, do you agree/disagree with the judge’s decision? Would you have come to a different conclusion? Is the case relevant today? How would you see it applied in the business environment today? You get the idea… (Worth 10 points)

Case name and citation: Include the last names of the parties and citation just as in the text. (Worth 5 points)

Facts: Don’t copy all of the facts provided – you don’t want to “re-read” the case. Instead, be selective in the facts used in the brief.

First, identify the parties. Specifically state who is the plaintiff and who is the defendant in the case.

Next, select those facts necessary for you to understand what is happening between the parties or the court.

Then, review those facts again to select only those facts most relevant to the outcome of the case. For instance, if the case was a hit and run, the fact that the victim said the car that hit him was red, then the color “red” is a relevant fact. (Especially if the defendant’s car is blue.) However, if the case is a contract for the purchase of a specific car, the fact that the car being purchased is “red” is probably not a relevant fact. Be sure to capture the relevant facts.

Finally, include the results at each level of the court system (court history). For instance, the trial court found for the plaintiff. The defendant appealed and the case was overturned by the appellate court. You will always have 2 levels in your brief (trial court/appellate court), and maybe more depending on how far the case has progressed. (Worth 25 points: Identification of the Parties – 5; Selection of Facts – 10; Court history – 10)

Issue: Put this in the form of a question that can be answered “yes” or “no”. What was the legal question (legal theory) the court was trying to determine? Usually the author of the text has edited the case to illustrate a single issue. However,sometimes there may be more than 1 issue involved. If so, be sure to address all of the issues separately. (Worth 20 points: divided by the number of issues in the case)

Holding: What was the court’s answer to the question? This should be either “yes” or “no” in response – that’s it. Don’t explain the courts response, that’s done in the reasoning. Also, be sure to have a holding for each issue when you identify more than 1 issue. (Worth 5 points: divided by the number of issues/holdings in the case)

Reasoning: Why did the court hold the way it did? What facts were used to made the determination (hint – these are your relevant facts)? What law was applied to make the decision? Be sure to have a reasoning for each issue when you identify more than 1 issue.

What was the court’s final action taken? (Affirmed, Reversed, Remanded, etc.) (Worth 30 points: Reasoning – 20 ; Court’s final action – 10)

Other Judge Dissent/Concurrence: Sometimes a member of the court will agree with the majority decision (concur), but for reasons different than the majority opinion, or will disagree (dissent), and that member will write a separate opinion to be included in the ruling on the case. Please be sure to address any such dissents or concurrences in your brief. Not every case will have another judge’s opinion, if that’s the case, just put N/A. (Worth 5 points)

Personal Thoughts/Comments: Please share your thoughts about the case. For instance, do you agree/disagree with the judge’s decision? Would you have come to a different conclusion? Is the case relevant today? How would you see it applied in the business environment today? You get the idea… (Worth 10 points)