Read and Analyze Common Law Cases.ppt

Read and Analyze Common Law Cases Case do not unfold their principles for the asking. They yield up their principles slowly and painfully. -- USSC Justice Cardozo LexisNexis 《英美法案例研读全程指南》 ——Read and Analyze Common Law Cases 何主宇 编著 法律出版社，2007 The Basic Structure of Court Opinions Case Name or Caption 名称或抬头 Case Number or Citation 案例编号 Syllabus or Prefatory Statement 判例总结 Topics and Headnotes 分类标题及法律摘要 Key Number and Location Number 钥匙序号和定位数字 Names of the Attorneys Who Represented the Parties 代理律师的姓名 Presiding Judges 主审法官 The Opinion Begins 法庭判决意见 Case Name or Caption Willie Louie CEREGHINO and Frances Mary Cereghino, Petitioners, V. Mary J. VERSHUM, Trustee, and Janet Coffyn, Respondents. No. CA 75 1308 Supreme Court of Oregon, In Banc. Argued and Submitted July 10, 1975. Decided Aug. 7, 1975. Plaintiff and Defendant 初审案件 Appellant and Appellee 中级上诉法院 Petitioner and Respondent 最高上诉法院 The Opinion Begins Discussion of the procedural posture of the case. 案件的起诉和上诉历史 Summary of the facts. 事实概要 Legal issues before the court, sometimes followed by the legal theories of each party. 待决法律争议，有时还包括争议双方的法律意见 Court’s decision or the holding in the case. 判决结果 Court’s reasioning. 判决理由 Rule emerging from the decision. 判决所产生的法律规则 Procedural decision. 后续诉讼程序指示 Concurring or dissenting opinion or both.另类判决理由 案例六步学习法 总结并仔细研究所有重要相关事实 界定具体法律争议 为诉讼双方提出可能的辩护 分析和比较所有法官的意见 评估判例的具体适用对象和范围 解决所有法律英语语言方面的难点和疑问 总结并仔细研究所有重要相关事实 What happened in this case? Who are the people/organizations/companies involved? What motives could explain why the people involved acted as they did? How did the lower courts find for the case? Which facts are material or key facts? Which facts are supportive but non-determinative? What facts don’t you have but you would like to have? How did the court describe the key facts? 界定具体法律争议 Who was the actor? Who did something? Who was the recipient of the action? To whom was it done? What was the action that caused the controversy? What was done? What law or