Posted: November 15th, 2014

Compromised Management Brief case;John W. MILLER, Appellant, v. Jay PREEFER, Richard Preefer, Jay L. Starr, Compromised Management, Inc., Palm Beach Ale House and Raw Bar, Inc., Appellees

Compromised Management

Brief case;John W. MILLER, Appellant, v. Jay PREEFER, Richard Preefer, Jay L. Starr, Compromised Management, Inc., Palm Beach Ale House and Raw Bar, Inc., Appellees

BRIEFING A CASE

Each student is to brief three cases.  The professor will select a practice brief for the student.  The brief will be due June 24, 2014.  The professor will

choose one case from the text.  The students are to brief the case and turn the case in on June 26, 2014.  The student must be prepared to brief the case orally in

class when called upon.  Be advised that if the student is absent when called upon, the student will receive an ìFî for participation.  The final brief is to be chosen

by the student from lexis nexis or some other computerized database.  The final brief is due on July 3, 2014.
In each instance make sure to properly cite the cases.  A proper citation should read ìWindows, Inc. v. Jordan Panel Systems Corp.  177 F. 3d  114.  Where

the first name is the plaintiff and second name is the defendant.  The first number is the volume in the California Reporter third series page 114.  This citation

follows suit at both the federal and state level.
To brief the cases properly, the student must use FILAC.  Each assignment must be turned in on time.

FILAC      FACTS, ISSUE, LAW, ANALYSIS CONCLUSION

FACTS:
The facts describe the events that led to the controversy in question.  All that is required is a brief statement of the acts, physical events, and other

matters that caused the parties to seek relief from the judicial systems.  Should be no more that six sentences..

ISSUE:
This issue is the reason why the parties are in court.  It is a one sentence statement followed by a question mark.  The issue is what the court must answer in

granting or denying relief.

LAW:
In reaching a decision, the court must apply the law.  In each case, the student must find the applicable law.  In a full text case, the law will be explicitly

stated.  However, in the text, these are partially briefed cases and sometimes the authors omit the law.  In this instance,  please refer to the preceding section to

find the law.  Remember, when reading a case there will be references to other cases, principles.  However, the cases and other references in the case assist the court

in applying the law.  Remember, write the applicable law (code, constitutional provision, treaty etc).

ANALYSIS:

The analysis is the application of the facts to the law in deciding the case.  The analysis will include the courtís rationale in deciding the case.  The

analysis will include a review of cases, distinguishing past cases from the current case, acknowledgement that a certain case is applicable and is the governing

principle in applying the law.  Think of an analysis as where the court combines the facts to the law to reach a conclusion.  This section should be no more than five

or six sentences.

CONCLUSION:

The conclusion is only who won the case.  In many instances the case has been appealed and the original plaintiff is now the defendant and the original

defendant is the plaintiff.  Remember, determine which court you are in (superior, appellate, supreme) and if it is the appellate court, determine who the original

plaintiff was and whether the case has been appealed.

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