casebrief怎么写

1.case summary 怎么写In writing the summary of a judicial decision, it is important to keep in mind the purposes for which you are writing it. The summary is a way of forcing yourself to ask key questions that assist you in understanding the decision. In addition, the summary then provides a quick and easy means of recalling what you have read. Finally, the summary put you in a position to start asking critical questions about a judicial decision. Hence the summary is being written both to help you learn about the contents of the decision, to help you in recalling those contents at some point in the future, and to prepare the way for critical reflection. The following is a suggested format for case summaries which you should attempt to master. It sets out a number of elements that should be contained in a case summary. Read through this before reading the case and starting to write the summary, because knowing the format of the summary may influence how you read the case. The key is to systematically arrange related parts of the decision that are often scattered throughout the written judgement. The point is to make it possible to manage and understand what might otherwise appear to be a long and difficult to assimilate amount of information. Citation First of all, it is good practice to provide a citation at the top of the summary. For instance, a citation to a case which is accessible on the Internet might take the form: Doe v. Roe (15 December, 1998), Toronto, Ontario Court of Appeal: online es first, followed by "v." which means "versus" and then comes the last name of the defendant or respondent in the case. Following the names of the parties, the citation usually provides additional information about the date of the decision, the place or court where the decision was made, and where the decision can be found, whether it be in a court or commercially published law journal, or on the Internet. If the decision is available on the Internet, and there is also a citation to a print version of the case available, it is good practice to give information about both sources. For cases available on the Internet, provide the URL where the case is available, and the date on which you last accessed the case. Nature of the Case The substantive part of the summary should start with a very brief statement of the nature of the case. This basically answers the question of why there is a legal action before the court, the nature of that action, and what remedy is being sought. The action might be a suit claiming breach of contract for which damages are being sought. Another example might be a suit brought by a prisoner claiming that he was unfairly denied parole. The particular decision might be an appeal of a lower court decision, or it might be an application for judicial review of an administrative tribunal's decision. The key is to discover who is asking this particular court for what. Try to put this statement of the nature of the case in words that you, the student, understand. Merely repeating the language of the court without understanding what the court is saying is of little assistance in terms of advancing understanding. The Facts The next part of the summary should provide a succinct statement of the facts of the case. Only those facts that are relevant to the main legal issues should be noted. Sometimes the court itself provides a useful summary of the facts at the beginning of the decision, but sometimes it is necessary to cull the facts from the decision as a whole. Even where the court provides a summary, the summary that you write for yourself will likely be a condensation of the facts as reported by the judge. The summary of facts should not be any longer than three or four sentences, forcing you to hone in on the key elements of the case. It is usually impossible to tell what the most relevant facts are until you have read the whole case, as the final decision may turn on a particular fact or set of facts that is only revealed or。
2.case summary 怎么写In writing the summary of a judicial decision, it is important to keep in mind the purposes for which you are writing it. The summary is a way of forcing yourself to ask key questions that assist you in understanding the decision. In addition, the summary then provides a quick and easy means of recalling what you have read. Finally, the summary put you in a position to start asking critical questions about a judicial decision. Hence the summary is being written both to help you learn about the contents of the decision, to help you in recalling those contents at some point in the future, and to prepare the way for critical reflection. The following is a suggested format for case summaries which you should attempt to master. It sets out a number of elements that should be contained in a case summary. Read through this before reading the case and starting to write the summary, because knowing the format of the summary may influence how you read the case. The key is to systematically arrange related parts of the decision that are often scattered throughout the written judgement. The point is to make it possible to manage and understand what might otherwise appear to be a long and difficult to assimilate amount of information. Citation First of all, it is good practice to provide a citation at the top of the summary. For instance, a citation to a case which is accessible on the Internet might take the form: Doe v. Roe (15 December, 1998), Toronto, Ontario Court of Appeal: online es first, followed by "v." which means "versus" and then comes the last name of the defendant or respondent in the case. Following the names of the parties, the citation usually provides additional information about the date of the decision, the place or court where the decision was made, and where the decision can be found, whether it be in a court or commercially published law journal, or on the Internet. If the decision is available on the Internet, and there is also a citation to a print version of the case available, it is good practice to give information about both sources. For cases available on the Internet, provide the URL where the case is available, and the date on which you last accessed the case. Nature of the Case The substantive part of the summary should start with a very brief statement of the nature of the case. This basically answers the question of why there is a legal action before the court, the nature of that action, and what remedy is being sought. The action might be a suit claiming breach of contract for which damages are being sought. Another example might be a suit brought by a prisoner claiming that he was unfairly denied parole. The particular decision might be an appeal of a lower court decision, or it might be an application for judicial review of an administrative tribunal's decision. The key is to discover who is asking this particular court for what. Try to put this statement of the nature of the case in words that you, the student, understand. Merely repeating the language of the court without understanding what the court is saying is of little assistance in terms of advancing understanding. The Facts The next part of the summary should provide a succinct statement of the facts of the case. Only those facts that are relevant to the main legal issues should be noted. Sometimes the court itself provides a useful summary of the facts at the beginning of the decision, but sometimes it is necessary to cull the facts from the decision as a whole. Even where the court provides a summary, the summary that you write for yourself will likely be a condensation of the facts as reported by the judge. The summary of facts should not be any longer than three or four sentences, forcing you to hone in on the key elements of the case. It is usually impossible to tell what the most relevant facts are until you have read the whole case, as the final decision may turn on a particular fact or set of facts that is only revealed or。