Preparing a brief
CASE 1-4 Matimak Trading Co. v. Khalily and D.A.Y. Kids Sportswear Inc.
I have these guide lines to follow, from my understanding the brief I am writing must include this outline which I need assistance on.
1.TRIBUNAL – I dont quite understand who is deciding this case.
2. Parties – The plaintiff and the defendant what are their roles in the case?
3. Issues – Note I cant figure out what the question or questions should be that the tribunal must answer in order to resolve the parties dispute?
4. Facts- I am suppose to tell the story of the parties and how they got into the legal dispute.
5. Rule – I am suppose to state the rule of law that the court applies to answer the question posed by the issue. I was told that we are suppose to use a rule of law maybe from a treaty, a statue, or a common-law court decisions.
6.Holding – I was told that I should state the tribunal’s answer to the legal question posed by the issue. The statement of the holding should be a complete sentence that stands on its own.
7. Reasoning – Explaining the Court reasoning, this was stated to be my weakest area, I was told that I must break down the court logic into each step that the court took to answer the question. I was also told that this part must be reader friendly and to break it down using concise bullet points.
8. Judgment – I must describe what action the tribunal took as a result of the holding it reached on the issue put to it.
9. Observation – I was to suppose to reflect on what this case teaches you relevant to what business people need to know about the law, how it works and how it affects business strategy.
Of course, this is my first brief as well as this being business law. I am definitely not following this case. Please assist, ThanksOrder Now