Miller v. Civil Cronstructors, Inc. 651 NE2d 239

This is not akin to doing a book report; nor is it a mere recitation as would be done in a newspaper article. It requires, and is, a demonstration of the development of your critical legal thinking skill.

Please note that, unlike the case you have been assigned, the cases in the text have been stripped down to a fundamental legal issue related to the chapter of study and do not contain much of the procedural aspects you may find in your case.

(In the analysis of your case you should stick to the fundamental issue and don\’t get bogged down on procedural aspects).

DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good brief. It enables you to arrange systematically the related parts that are scattered throughout most cases, thus making manageable and understandable what might otherwise seem to be an endless and unfathomable sea of information. There are, of course, an unlimited number of formats that can be utilized. However, it is best to find one that suits your needs and stick to it. Consistency breeds both efficiency and the security that when called upon you will know where to look in your brief for the information you are asked to give. Be mindful that the operative word is brief; ideally the case brief should be about one page in length and never over two pages.

Nevertheless, it is important that a brief contain the following:

TITLE AND VENUE: Identify the case name and citation in the correct format.

RULE OF LAW: A statement of the general principle of law that the case illustrates in the form of a statement.

Determining the rule of law of a case is a procedure similar to determining the issue of the case. Avoid being fooled by red herrings; there may be a few rules of law mentioned in the case excerpt, but usually only one is the rule with which the judges are most concerned. The techniques used to locate the issue, described below, may also be utilized to find the rule of law

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