The category deals with a specific issue pertinent to the course. The deals with attorney-client privilege/work product protection as it pertains to company accident reports You brief should be on one of the cases from the attorney-client / work product protection group. To aid you in formatting your case briefs, I have attached a sample brief that deals with a different type of legal issue – a contract law issue. I have also attached the case from which this SAMPLE was drafted. (Keep in mind you cannot choose Lucy v. Zehmer as one of your cases to brief in this class – I realize that should go without saying, but nonetheless, I feel compelled.) This attached sample is just to help you in formatting and understanding how to identify key information for your brief. This sample does not ask you to consider all the information you would normally want to see in a law school case brief. Here are the critical elements your briefs should address: Case Name Court Year Key Facts Pertinent Issue(s) of the Case Holding Decision Analysis Key considerations for dealing with, and writing the pertinent issues of the case: You only have to deal with the issues that pertain to safety, discoverability of an accident investigation report, etc. If the case also takes up other matters – such as sex/gender discrminiation, compensation matters, etc. – you do not have to address those. Issues are stated in the form of a question; as concisely and particularly as you can. Key considerations for drafting the holding(s) of the case: The holding answers the issue question Courts frequently issue narrow holdings – meaning their holding hinges upon the existence of certain circumstances. Sometimes, however, courts issue broad holdings that say this is the law no matter facts exist. For example, a court may issue a narrow holding that states accident reports are not discoverable when this set of circumstances exist, or they may issue a broad holding that says accident reports are always discoverable. It is your job to determine what the court said in your particular case. The decision is a simple statement the indicates what the court did: reversed the lower court; affirmed the lower court’s decision; or remanded the case to the lower court for further adjudication. Finally, the analysis section allows you to explain what facts and law the court considered in reaching their decision. This is the section where you can explain the court’s reasoning. you should do it dealing with employee "safety misconduct" as a defense to a workers’ comp claim: prepare a written case brief for each opinion. Case briefs should be approximately one page in length, but shall not exceed two. The instructor will provide supplemental information and examples concerning expectations for this assignment.
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