Case Briefing
The question that the parties bring before the court.
What is the Issue?
The authority of courts to hear cases.
What is Jurisdiction?
Writing a memo in which all of the cases are provided.
What is a Closed memo?
First-year, second-year, and third-year J.D. law students.
What is 1L, 2L, 3L?
To feel very anxious or worried, especially before exams.
What is to stress out?
The broad legal principle for which this case stands.
What is the Rule?
The body of law derived from cases, rather than a statute.
What is Common Law?
A summary of a legal case prepared by students. It includes the facts, procedure, issue, rationale, holding, and rule of a case.
What is the Case brief?
Supreme Court of the United States.
What is SCOTUS?
To create a summary or guide for a course or subject.
What is to outline?
An explanation of how the court reached it's decision.
What is the reasoning or rationale?
A formal written enactment of a legislature that commands or prohibits something.
What is a statute or law?
Writing a memo where the student must do all of the research.
What is open memo?
A collection of books, that are not case books, designed to help you understand your law courses more deeply.
What is a Supplement?
To make a final decision on a matter of law (typically done by a judge).
What is to hold.
The history of the case through the legal system.
What is the procedural posture or procedural history?
The division of government responsibilities into distinct branches.
What is separation of powers?
A document that sets out the legal arguments on appeal the initial decision.
What is the Appellate brief?
Randomly calling on students in class to answer questions and discuss a case without warning or without looking for volunteers.
What is Cold Call?
When a court upholds a lower court's decision.
What is to affirm?
An opinion by a member or members of the court that expresses a different view from the majority opinion.
What is a dissenting opinion?
The policy of courts to stand by precedent and not disturb a settled point.
What is the doctrine of stare decisis?
The discussion with the court offered in support of an appellate brief; students are often required to deliver a mock argument in a legal writing course.
What is the Oral argument?
A competitive student who consistently volunteers answers to questions posed in class discussion.
What is a Gunner?
To point out an essential difference; to prove a case cited as applicable or inapplicable.
What is to distinguish?