Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion.
Set it off with quotation marks or underline it. NOTE: Many students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason.
It will allow you to mark off the different sections such as facts, procedural history, or conclusionsthus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.
Winning a motion might win the entire case for you!
In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: 1 Facts of the case what actually happened, the controversy 2 Procedural History what events within the court system led to the present case 3 Judgment what the court actually decided Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true.
Therefore we recommend that you save blue for the elements that you rarely highlight. This incorrectly confuses the case study method with a specific method of data collection, such as ethnography or participant observation.
But there are different types of motions for different purposes. These motives vary from the simple presentation of individual cases to desire to arrive at broad generalizations based on case study evidence but without presenting any of the case studies separately.
It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue sthe facts, the holding, and the relevant parts of the analysis.
One subject in which Procedure History is virtually always relevant is Civil Procedure. Also case studies can be conducted and written with many different motives.
You should include the facts that are necessary to remind you of the story.