CSUN Bus ABKCO ABKCO Music Inc v Harrisongs Music Ltd Case Analysis Please follow by instructions The case brief needs to properly demonstrate your unders

CSUN Bus ABKCO ABKCO Music Inc v Harrisongs Music Ltd Case Analysis Please follow by instructions

The case brief needs to properly demonstrate your understanding and analysis of the case. To “brief” a case, you must identify the issue, state the proper rule identified in the case, discuss the two sides of the analysis and arguments presented by both sides and the conclusion (or “holding”) of the case. Also, I also expect you to write a few sentences on whether you believe the court reached the right conclusion or holding.

Briefing Cases

To brief cases, case problems and questions, use the following “IRAC” format:

Issue

:

What question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. “Has there been a false imprisonment if the plaintiff was asleep at the time of ‘confinement’?”) rather than general (e.g. “Will the plaintiff be successful?”) You may make it referable to the specific case being briefed (e.g. “Did Miller owe a duty of care to Osco, Inc.?”) or which can apply to all cases which present a similar question, (e.g. “Is a duty owed whenever there is an employment relationship?”) Most cases present one issue. If there is more than one issue, list all, and give rules for all issues raised.

Rule

: The rule is the law which applies to the issue. It should be stated as a general principal, (e.g. A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff) not a conclusion to the particular case being briefed, (e.g. “The defendant was negligent”).

Application

: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is paragraphs long. It should be written debate

– not simply a statement of the conclusion. Whenever possible, present both sides of any issue.

The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn.

Conclusion

: What was the result of the case? With cases, the text gives you a background of the facts along with the judge’s reasoning and conclusion. When you brief cases, you are basically summarizing the judge’s opinion. With case problems, the editors have given you a summary of the facts of an actual case, but have not given you the judge’s opinion. Your job is to act as the judge in reasoning your way to a ruling, again using the IRAC format. While most of these case problems are followed by a question, normally ignore the question and instead brief the problem.