Case brief template open office

Negligence is based on the relationship between the parties. The relationship between P and D is expressed by a duty that D owes to P. Unless D violates that duty, there is no negligence. In short, there must first be a duty relationship between P and D in order for there to be any possibility of finding D negligent. The duty that D owes to P extends as far as the eye of reasonable vigilance would reasonably foresee a danger to P. If a P can pass through this rigorous test of negligence at the front end, a D is liable for all consequences of his actions.

Here, the danger to P was not reasonably foreseeable by the eye of reasonable vigilance, so D did not owe a duty to P. However, P could potentially sue the man with the package containing fireworks. Under these facts, D did not owe a duty to P and was therefore not liable to P for her injuries. If railroads could be held liable for this type of situation, they would be forced to raise ticket prices, etc. Further, it would be impractical for a railroad to check every package in order to guard against this type of danger.

The issue of whether a duty exists is a question of law for a court to decide, but if it is unclear whether a danger to a prospective P was within the orbit of reasonably foreseeable harm, then the court should send the case to the jury. Judge Andrews argued that the question of duty should focus on the relationship between a D and society, not a D and a particular P.

If a D acts unreasonably, he is liable to anyone who is injured as a result, regardless of whether the injured P is in the zone of reasonably foreseeable danger. In other words, courts should employ proximate cause to draw a line where the law declines to further trace a series of events due to social policy considerations. So, there you have it.

This is because Palsgraf involves such a stark difference of opinion and reasoning between the majority and dissent. Other than this, the above sample is a pretty standard case brief. You should now feel prepared to tackle a case brief of your own! Looking for Law School Assistance? Download our free guide on how to succeed in law school here! Access our free law school prep course here! Looking for law school tutoring? Our law school tutors provide personalized, one-on-one tutoring!

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Looking for an affordable bar exam course with a high pass rate? In turn, such skills enhance understanding of some basic principles of law and their application to a particular set of facts. In practicing their professions, lawyers and advocates submit a written legal argument to an appellate court — an appellate brief. Basically, the purpose of this brief is to persuade the higher court to uphold or reverse the decision of the lower court.

As such, this type of brief intends to present to the appellate court the central issues in the case from a one-sided perspective. In turn, appellate briefs from both sides are valuable in assessing legal issues that impact an issue. However, these types of submissions are rarely published, and, in the United States, only the Supreme Court can provide access to these briefs in printed form.

Students of law learn the fundamentals that guide their practice through case briefs, even before graduating with a law degree and gaining the right and power to practice law. For example, these papers are known as student briefs and reflect a summary and analysis of the problem that a law professor presents to students for classroom discussion.

As a set of notes presented systematically, a student case brief helps law students to sort out the parties, identify the issues, ascertain the decision, and analyze the reasoning behind the court decision. Although student brief and the appellate brief bear the same items of information, they differ in the form in which that information appears.

To benefit from case briefs, law professionals must learn how to conduct them, and the first step is to learn how to write them. Basically, standard practice dictates that a professional should start the brief with the case citation.

Other components of a case brief are opening lines that identify the publisher, or the source, the court that made the decision, and the year when final opinion on the paper was published. There are several items that a law professional should take into consideration when writing a case brief.

They should set out a statement of facts, which means researching and distinguishing what events influenced the court decision. They should take note of the key question — which must be legal — the court relied upon to make the decision. Here, professionals should not only highlight the question but also articulate the jest in the matter. They should note the rule — the law or set of laws that the court uses to decide the particular issue. They should make concluding remarks that state the court affirmed or reversed the case and ruled in favor of the appellant, appellee, or defendant.

The reason for including a title in a case brief is that it helps to note the parties — who is against who. Basically, the name that appears first is for the party that initiated legal action in that particular court case. However, since the party that loses tends to appeal to a higher court, it can be confusing to identify who initiated the course case. In turn, the citation is the means that help one to locate the reporter of the case in the appropriate case reporter.

The letters are very close together. Some people go the opposite extreme with Courier. My advise is to go with Century Schoolbook L , which is preloaded on Openoffice. The font may look a little weird at first, but it reads very well. I have found that, in Openoffice. So I go with point size even though it is technically a violation of the California Appellate Rules of Court don't tell anyone.

Go to format, then scroll down to page. That will open a page style box. To begin, I just tweak the "Default" template which I will use for the cover page.

I just make the margins 1. That's it. Next, go to format and scroll down to "styles and formatting. Click the fourth icon over, which is the page style icon. The preloaded page styles will appear including your default style. Right click and choose "new. Change the name of this to "appellate brief index style. Also, where the page tab is, move down under "lay-out settings" and change the numbering system to "i, ii, ii.

Take the same steps as indicated above to create another page style called "appellate brief body style. Now that you have three different page styles -- all with the correct margins -- you can create the page numbering system. You should still just have one blank page. First, create footers for the page styles that will have page numbers appellate brief index style and appellate brief body style. To do this, go to Insert, footer, and highlight "appellate brief index style" and "appellate brief body style.

Then, go to insert and manual break. Click the box saying "page break" and below it, choose the style, "appellate brief index style. Then, with your cursor in the page you just created, insert another manual break. Click the box saying "page break" and below it, choose the style "appellate brief body style.

There will still be no page numbers in the footers. Don't trip. Put your cursor in the footer for the index page style the second page of the entire document now. Then, go to insert, fields, page numbers. The "i" should appear. You can then center it if you like. Put your cursor in the body page style footer third page of entire document and do the same. A "1" should appear. Make a cover page caption on the first page. But first create a style that uses only single space lines, I call mine "appellate brief cover par style.

For one, an attorney does not have to spend valuable time researching a case. By using templates, an attorney can focus all his or her attention on developing the case itself. It is important to note, however, that not all case briefs require the same formatting. In other words, some case briefs include many pages of legal documents while others are quite short. This means that an attorney can write a more concise brief for the same case.

This can be a very good thing, especially if you have a limited amount of time to produce a case brief. In addition, many times there are several parties involved in a particular case. If your attorney is writing a brief for each of these parties, he or she has to consider the specific details of each case. In many cases, attorneys have to also do research to determine the precise details that are required by their client. In many instances, attorneys find that it is worth it to outsource the work to a company that specializes in the type of case.

Case templates are often the best way to make this happen. There are also several good companies that offer such a service. Using a reputable company can also help you to ensure that the case brief is created in a way that is consistent with the look of your website. If you are in need of a case brief, it may be a good idea to learn more about templates and about a company that offers them.

In addition to helping you create your case brief, it can also save you a great deal of time. Most individuals that are in the legal field have dealt with these types of cases on a regular basis. It is likely that you have also dealt with a case where a brief was necessary. Either way, it can be very helpful to have a company that can provide you with templates and other helpful information. Download this simple sample of the Case Brief template to write about a particular case in detail accordingly.

It will also provide a basic layout along with details. Therefore, click on the providing download button to get in Word files for free. This example of the Case Brief Template includes the blank sections for different parts. You can easily download it from our website and fill out the blank text areas according to your case.