How to Read and Brief Cases from Supreme Grammar

Part 1: Case Name and Citation

The first of eight parts of a case brief is the citation. A proper legal citation tells readers exactly where to find the case. Let's break it down into parts:

1. List the case name (abbreviated and italicized or underlined): ✓

The abbreviated name is at the top of the case: Palsgraf v. Long Island R. Co. It should be italicized or underlined, followed by a comma.

2. List the volume number, reporter abbreviation, and page number: ✓

The citation shows that the case is on page 339 of volume 248 of the New York Reporter.

3. List the abbreviated court name and year in a parenthetical: ✓

This court is abbreviated as N.Y. and the year is 1928.

Model Answer:

Complete citation: Palsgraf v. Long Island R. Co., 248 N.Y. 339 (N.Y. 1928).

Your Answer:

1. Case name:

2. Volume and page:

3. Court and year:

Model Answer:

1. Who sued whom:

Palsgraf (P) sued the Railroad (RR) for negligence.

2. Trial court outcome:

The trial court ruled in her favor.

3. Appellate rulings:

The appellate court affirmed. The RR appealed again.

Note: Some law students like to use abbreviations like P for plaintiff and D (or RR) for Railroad. This helps keep your case briefs concise in your notes.

Part 2: Procedural History

Trace the case's path through the court system. What happened at each level?

1. First, state who sued whom and for what cause of action: ✓

Start with the original lawsuit. The plaintiff's name starts with P and the cause of action relates to allegedly careless behavior.

2. Then, state who won at the trial court: ✓

Did Palsgraf win or lose at the trial level?

3. Finally, describe any appellate court rulings: ✓

Consider this language about the final order: "The judgment of the Appellate Division and that of the Trial Term should be reversed . . . ." Work backwards to find the procedural history. If the Railroad wins this final appeal and that requires reversal of both the trial and appeals court, then Palsgraf won at the trial and appeals courts.

Your Answer:

1. Who sued whom:

2. Trial court outcome:

3. Appellate rulings:

Model Answer:

1. Who sued whom:

Palsgraf (P) sued the Railroad (RR) for negligence.

2. Trial court outcome:

The trial court ruled in her favor.

3. Appellate rulings:

The appellate court affirmed. The RR appealed again.

Note: Some law students like to use abbreviations like P for plaintiff and D (or RR) for Railroad. This helps keep your case briefs concise in your notes.

Part 3: Issue

The issue is the legal question the court must answer. Fill in the blanks to complete the issue statement:

Was the explosion a , and if so, can the Defendant be held liable for when a Plaintiff is injured by events?

Model Answer:

Was the fireworks explosion a tort, and if so, can the Defendant be held liable for negligence when a Plaintiff is injured by unforeseeable events?

Your Answer:

1. What exploded?

2. Area of law:

3. Legal claim and event type:

Model Answer:

1. Who sued whom:

Palsgraf (P) sued the Railroad (RR) for negligence.

2. Trial court outcome:

The trial court ruled in her favor.

3. Appellate rulings:

The appellate court affirmed. The RR appealed again.

Note: Some law students like to use abbreviations like P for plaintiff and D (or RR) for Railroad. This helps keep your case briefs concise in your notes.

Part 4: Facts

Summarize only the legally relevant facts—those facts that if changed, the case’s outcome would change too. Use complete but concise sentences to tie the factual story together.

1. Where was Palsgraf? ✓

2. What happened as two men were running to catch a train? ✓

3. Did injury result? How so? ✓

Your Answer:

1. Where was Palsgraf?

2. What happened as two men were running?

3. Did injury result? How so?

Model Answer:

While Palsgraf (P) was waiting to catch a train on a railroad platform owned by the Railroad (D), two men ran to catch a different train as it pulled away from the station. The first man jumped aboard safely, but the second man—who was carrying a wrapped package containing fireworks—had difficulty. Two train guards tried to help him, but he dropped the package. It exploded, causing scales at the other end of the platform to fall and strike P.

Part 5: Rule

State the legal rule or principle the court applies to resolve the issue. Choose the correct rule:

A. Negligence is actionable whenever someone is injured by another's careless conduct.

B. Negligence is not actionable unless it involves a legally protected interest: the violation of a right.

C. Negligence requires proof of intent to harm and direct causation between the act and injury.

Model Answer:

B. Negligence is not actionable unless it involves a legally protected interest: the violation of a right.

Stated differently, this rule limits when negligence claims can succeed. There must be a violation of a legally protected right, not just any injury.

Case Briefing Practice

Part 1: Case Name and Citation

Model Answer:

Your Answer:

Model Answer:

Part 2: Procedural History

Your Answer:

Model Answer:

Part 3: Issue

Model Answer:

Your Answer:

Model Answer:

Part 4: Facts

Your Answer:

Model Answer:

Part 5: Rule

Model Answer: