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Hey guys its George here I wanted to talk about how to write a case brief for your 1l year so during your 1l year you'll be assigned to read various cases, and today we have hostess vs. Horton and this is for a torts class so the first element you're going to have and your case brief is the parties and I have them identified here as P as a plaintiff and D defendant and then appellant and a pally this is the person bringing the appeal generally the cases you're going to read are from the appeals court or the Superior Court in that various state, so you'll want to know which one is which whose appealing and who's the plaintiff procedural history this is the motions through the court system to get to this point in the case, so we have here plaintiff appeals after verdict for defendant and that's in the trial court and then next we have the issue so what's what is um what is being uh what it was disagreed upon in this particular case so this one is whether the trial court erred in giving the sudden emergency instruction to the jury the holding is the answer to the issue yes trial court erred in giving sudden emergency instruction to juries this is what the appellate court found this is what they held the rule is the general rule that the based they answer the issue with and to receive the holding a person cannot claim sudden emergency defense if through their own negligence they put their self in a position of peril their reasoning so you're you're going to want to go through how the court came to their decision between the issue from the issue to the rule then you have the reasoning and that's how you get the holding and then finally the judgment so the reasoning is defended admitted that she was following too closely thus putting herself in peril through her negligence of following too closely if she put herself in peril the sudden emergency defense is not valid that brings us to the judgment which is reversed and remanded for a new trial so they reversed the trial court decision or ruling for the defendant and your facts of the case these are various things you'll find in the case that are pertinent to the court's decision I've listed here plaintiff was driving with, so this is just anything relevant to the case plenty of was driving when a woman pushed a stroller in the street the plaintiff braked to avoid hitting the woman the defendant following closely behind hits post his car the defendant obviously testified that she was falling closely and made a mistake and then the post objection to the sudden emergency instruction in the jury which she later appealed for so this is how you write a case brief it's very standard, and you know some of your cases won't have all this information, and you just want to do the best you can, we'll look at another one here Robinson Lindsey so this one I don't have labeled, but this is the name of the case here's the party's this is a procedural history issue holding this is just something I put in to explain to...
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