1. Please re-read (read) the McClain case on p. 11. Brief that case. (Briefing format appears below.) Just do a “skeleton” brief for this case. (Limit it to the Caption, Facts, Issue and Holding. Do not include the procedural history and the rationale.) Please remember all briefs must be typed!2. Re-read pp. 13-14, the Villas at Parkside Partners case. On a separate sheet of paper, brief that case (Again, briefing format appears below. For the 2nd brief, please include all parts of a brief this time; including the procedural history and the rationale. These two parts were not discussed during class. However, make a “good faith attempt” based upon the info contained below about each part.) Please remember all briefs must be typed!Notes:Each brief should be completed on a separate sheet of paper and each should not exceed one typed page.Please be prepared to discuss and to hand in a hardcopy of each brief. (No excuses!)All assignments completed outside of class must be typed in order to be submitted for credit.DO NOT go to any outside source for assistance with briefing either of the two cases.If anyone has extra time and wants to complete the assignment that will be due Monday, it is:Please answer/respond to the first four (4) “Case Studies” questions on p. 24. (Limit your response to each question to 2 sentences (or less)–quality and not quantity!)
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homework_assignment.docx

briefing_format.docx

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Homework Assignment
Assigned Wednesday, January 23, due Friday, January 25, 2019:
1. Please re-read (read) the McClain case on p. 11. Brief that
case. (Briefing format appears below.) Just do a “skeleton” brief for this
case. (Limit it to the Caption, Facts, Issue and Holding. Do not include the
procedural history and the rationale.) Please remember all briefs must be
typed!
2. Re-read pp. 13-14, the Villas at Parkside Partners case. On a separate
sheet of paper, brief that case (Again, briefing format appears below. For the
2nd brief, please include all parts of a brief this time; including the procedural
history and the rationale. These two parts were not discussed during
class. However, make a “good faith attempt” based upon the info contained
below about each part.) Please remember all briefs must be typed!
Notes:





1.
Each brief should be completed on a separate sheet of paper and
each should not exceed one typed page.
Please be prepared to discuss and to hand in a hardcopy of each
brief. (No excuses!)
All assignments completed outside of class must be typed in order to be
submitted for credit.
DO NOT go to any outside source for assistance with briefing either of
the two cases.
If anyone has extra time and wants to complete the assignment that will
be due Monday, it is:
Please answer/respond to the first four (4) “Case Studies” questions on
p. 24. (Limit your response to each question to 2 sentences (or
less)–quality and not quantity!)
The following is the basic format for a brief of a case.
Case Caption
(the parties to the lawsuit) (always underlined, bold, or italicized)
(identify the parties at each level–(hand-write it (symbol) in above the parties’
names))
Citation
(where the case is “reported”)
Facts: (Brief summary of the relevant information contained in the
case. Concisely state what took place that resulted in the filing of the lawsuit.)
Issue: (Question before the court. Always start it with “Whether”–always end
it with a question mark.)
Proc. Hist: (Holding/decision from each lower level court that the case went
through.)
Holding: (Answer to the issue.)
Rat: (Rationale is “why/how” the court reached its decision. It is an
explanation for the court’s holding.)

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