HOW TO BRIEF A CASE (Tell the Story)? Brief Summary of Case (100 -150 words) See

by | Sep 18, 2022 | Law | 0 comments

HOW TO BRIEF A CASE (Tell the Story)?
Brief Summary of Case (100 -150 words) See FindLaw Dictionary for help with unfamiliar terms.
1. Who are the main characters (such as respondent, litigant, appelee, appellant, defendant, and plaintiff)?
2. What is the basis for the case?
3. What was the court’s finding?
Describe the legal principles that the case illustrates (100 – 250 words). Give a general summary of the law
in question. For example, the Americans with Disabilities Act is examined in Toyota Motor Manufacturing,
Kentucky, Inc. v. Ella Williams. What is the ADA? What is prohibited? Who must comply? Who is covered?
What is the theoretical basis for a lawsuit? What are employer defenses? Sometimes the cases deal with
several legal issues such as religion, national origin and race or age and disability. If your focus is age, you
should mention the other issues but you can concentrate on the ADEA.
Discuss the essential facts of the case (usually 150 – 250 words). What were the events and transactions
that led one party to initiate legal proceedings against another? If applicable, what were lower court findings?
Many cases state the salient facts at the beginning of the decision, especially Supreme Court decisions.
However, some key facts must be gleaned from the text.
Provide enough information to provide context. You are telling a story.
Explain the issues in dispute. (100 – 150 words) Examples from cases:
– 1. Whether an impairment that limits an individual’s ability to perform particular job-related manual tasks can
– constitute a “disability” under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102(2)(A), even if
there has been no finding that the plaintiff has been excluded from a class of jobs or a sufficiently broad
range of jobs to establish a substantial limitation on the “major life activity” of “working,” and no finding that
the plaintiff’s impairment substantially limits her ability to perform manual tasks outside of work. Toyota
Motor Manufacturing, Kentucky, Inc. v. Ella Williams
– 2. Whether an employee’s agreement to arbitrate employment-related disputes with an employer bars the
Equal Employment Opportunity Commission, as plaintiff in an enforcement action against the employer,
from obtaining victim-specific remedies for discrimination against the employee, such as backpay,
reinstatement, and damages. EEOC v. Waffle House, Inc.
– 3. Whether the National Labor Relations Board reasonably concluded that an employee’s exercise of ordinary
professional or technical judgment in directing less-skilled employees to deliver services in accordance with
employer-specified standards does not constitute the exercise of “independent judgment” that makes the
employee a “supervisor” under Section 2(11) of the National Labor Relations Act, 29 U.S.C. 152(11).
Whether the Board permissibly requires the party who alleges that an employee is excluded from the rights
and protections afforded by the Act as a supervisor to bear the burden of proving the individual’s
supervisory status. Whether, applying its interpretation of “independent judgment” and its allocation of the
burden of proving supervisory status, the Board reasonably concluded that respondent’s registered nurses
are “employees,” rather than supervisors, and thus entitled to the rights and protections afforded by the
Act. NLRB v. Kentucky River Community Care, Inc.
Explain the court’s holding and decision (250 – 500 words). This section should succinctly explain the
rationale of the court in arriving at its decision. Explain how the court applied the rule or rules of law to the
facts of the case. If applicable, discuss the court’s reasoning in overturning a lower court. Be sure to use
quotation marks when quoting from the case. However, whenever possible, use your own words.

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