Case Briefs For Aussie Law School Are Here

 

There many different ways to brief cases for law school. This example I am using to show how the format is suppose to look. Now, I have format that can be used. It basically has no writing except for the headings and you just fill the relevant information for your briefing at law school.

Here is an  excellent how to brief in the American format and in Canada. Now, it can be modified to fit the Australian format. Your law school in Australia, they may have you brief a different way. It is a good idea to check with your professor or TA if they will accept the format for briefing at your law school courses in Australia.




Example of North American Format of Briefing:

United States v. Carroll Towing
(2nd Cir. 1947)–Learned Hand opinion

Facts:NYC harbor, wartime (1944). The Anna C. -a barge owned by the Conners Marine Company was moored at a pier with several other barges.A tugboat (chartered by Grace Line and owned by Carroll Towing) was sent to move one of the other barges. In the process, the Anna C. broke away from the pier and was set adrift. It collided with a tanker (whose propeller tore open her side) and started leaking. Because no one was aboard to notice the leak, the Anna C. eventually sunk, along with her cargo of flour.(The bargee had been absent for 21 hours, from 5pm the prior day until the accident at 2pm, and the Court thought his excuse for being away was fabricated.)

Procedural History: On appeal in the 2nd Circuit –no real detail included.

Issue:Who’s liable for the loss?(negligence analysis)

Holding:The barge owner (Connors Marine Company) should have had a bargee aboard during the daylight working hours to keep an eye on things,unless there was some legitimate excuse for this absence.Therefore, they’re liable for the loss.

Reasoning: Hand first states that there’s “no general rule” for when the barge owner will be liable for injuries to other vessels if a barge breaks away from the mooring without a bargee/attendant on hand. He says you can’t make a general rule, but lays out three factors to analyze to figure out if the barge owner was negligent:
• The probability of the event (P)
• The gravity of the resulting injury (L)
• The burden of taking adequate precautions (B)
These factors will vary depending on the time, place, and exact situation.




I am providing a two links for the briefs, and they are both free of charge. You will be able to download them and look them and see how to get them to fit the Australian legal briefing format. Now, Australia briefing can have multiple issues just include the other issues under the the section of the brief with issues. Now, Australian law schools use rules to highlight elements if they use an element as a heading then so do. Put the case rule and citation  under the element and the matching fact for the rule. I have a link for the briefing format for Australia.
 

Here are the link for you to download the brief above that used in the US and Canada.

United States v. Carroll Towing

Now for the Australia format, You will fill in the information and put where it goes.
Australian Briefing Format:


Good website for law related briefing is Law Nerds:
LawNerds


This is good information for now about briefing cases. The most important before briefing a case is to read the case meaning the entire case to be able summarize it. Australia briefing can have multiple issues just like in real case in court. Be aware of it.

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