法律英语课件-Legal English(case brief)案例摘要

h5Leabharlann 反对意见（dissenting opinion) ___opinion offered by a judge disagreeing
with the majority panel of judges’ conclusion
配合意见(concurring opinion) ___opinion written by a judge agreeing with
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1. Case Name E.g. Marbury v. Madison V. is short for versus ( 诉求） 2. Court rendering the opinion E.g. New Jersey Supreme Court 3. Citation 4. Justice wrote the opinion 5.Opinion stating the issue raised, describing the
cited reported volume, the court which issued thee decision; and 4. the prior or subsequent history, if any, of the case.
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The name and the citation of the case ----names of litigants and correct legal citation
for this reported case. Name Official Citation Unofficial Sources Year
Function: to help a reader to do legal researches.
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Hebb v. Severson, 201 P. 2d 156 (Wash. 1984)
the majority
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6. Votes of the court affirmance (维持原判） reversal (撤销原判） remandment （发回重审）
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Court decisions are complied chronologically by date of issuance and published in volumes called case reporters.
Hebb----plaintiff Severson---defendant (volume 201 of the Pacific Reporter Second
Series beginning on page 156) (Washington State Supreme Court)
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Law reports
include decisions of court appeals and the decisions of the supreme courts that give the common law lawyer information on the status of the law. It is also these decisions that a student of law school.
A decision in the case of Jackson v. Metropolitan Edison Company is reported in volume 348 of the Federal Supplement, beginning at page 954 of that volume. This decision was issued by the United States District Court for the Middle District of Pennsylvania[ M.D. Pa.] in 1972. The District Court’s decision was affirmed [ aff’d] on review by the United States Court of Appeals for the Third Circuit [ 3d Cir.], with the Third
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A citation identifies a legal authority or reference work, such as a constitution, statute, court decision, administrative rule, or treatise.
The function of a citation is to help a reader to do legal researches, which serves to help the reader locate a legal authority or reference work.
Jackson v. Metropolitan Edison Co. , 384 F. Supp. 954(M.D. Pa. 1972 ), aff’d , 483 F. 2d 754(3d Cir. 1973), aff’d, 419 U.S. 345(1974)
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Name : Jackson v. Metropolitan Edison Co.
parties and facts, discussing the relevant law, and rending judgment.
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1. 主审法官的意见用现在时态；前审法院的意见用 过去时态；
2. 主审法官的意见是法院意见；
3. 除法院意见外还有两种意见，被称为“反对意见” 与“配合意见”。
English Cases Case Brief Citation
Case Reporter Civil litigation
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How to read English Cases
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Marbury v. Madison California v. O.J.Simpson Miranda v. Arizona Greenman v. Yuba Power Products, Inc. Hamer v. Sidway
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A standard case citation contains:
1. the name of the case; 2. the published sources in which we can find
the case; 3. information in parentheses indicating; A . the year the decision was issued , and B . When not apparent from the name of the