These are the three cases that need to be briefed and the directions to how to brief them: Indian Towing v. U.S. Schware v. Board of Bar Examiners Perry v. Sindermann Every case that you read will be composed of five components. They are: Facts; Procedural history; Issue; Holding; Rationale. A “brief” of the case is nothing more than a summary of each of those five components. In law school, I was taught a technique called “technicoloring” a case. My civil procedure professor had been teaching that technique for the 60 years (yes …60 years) he had been teaching law. I still use it today whenever I read a case. Remember that every case you read has 5 components or parts. When you Technicolor, you assign a different color of highlighter or pen (those multi-color pens work great) to each different component of the case as you read it. I used green to highlight the facts, and red for the procedural history; blue for the issue; black for the holding and blue again for the rationale. (Our pens only had four colors, so we had to improvise) Color coding the components allow you to find them quickly when writing your brief or discussing the case with your attorney. Cases are not written for entertainment, and therefore, reading a case is different from reading a novel or magazine article. When reading a case you are concerned with how, if at all, that case applies to the facts of your case. To reach that conclusion entails analysis of each of those five components, so that is where your focus should be when reading the case. Find each of them, read each section carefully, then underline the important language and then refer back to those sections of the case when called upon to write your brief. Note that the same 5 components of the case make up the five topics discussed in your brief. Facts: The facts are a synopsis of the essential facts of the case, i.e., those facts bearing upon or leading up to the issue, in a logical sequence. This should...
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