Copy 2 How to Read and Brief Cases from Supreme Grammar (Copy)

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:

Note on citations: The website shows "Cite Title as: Palsgraf v. Long Is. R.R. Co." but standard legal abbreviations often vary and Bluebook abbreviation formats are strict. Both "Long Is. R.R. Co." and "Long Island R. Co." are acceptable. We will accept various common abbreviations in this exercise.

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

Formatting tip: While you may not be able to italicize or underline your answer in this text box, remember that in formal legal writing, you should always italicize or underline case names.

The case name should include both parties separated by "v." - acceptable variations include: Palsgraf v. Long Island R. Co. or Palsgraf v. Long Is. R.R. Co. Remember to include a comma after the case name in a full citation.

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. Do not forget the parentheses!

Important: The Court of Appeals of New York is actually the highest court in that state. In most states, the "Supreme Court" is the highest court, but the court structure in New York is different. We typically cite state supreme courts with just the state abbreviation.

Model Answer:

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

Note: Both "Long Island R. Co." and "Long Is. R.R. Co." are acceptable abbreviations.

Your Answer:

1. Case name:

2. Volume and page:

3. Court and year:

Model Answer:

1. Case name:

Palsgraf v. Long Island R. Co., (with comma)

2. Volume and page:

248 N.Y. 339

3. Court and year:

(N.Y. 1928)

Part 2: Procedural History

This part traces 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. How did the trial court rule? ✓

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 Palsgraf's 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 for defendant (or here, RR for Railroad). This helps keep you keep the parties straight and your case briefs concise.

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?

Judge Cardozo describes this type of risk as one not "reasonably to be perceived." The dissent also uses this term beginning in un-.

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?

Note: The case uses the outdated spelling "unforseeable," instead of the common spelling "unforeseeable." Both are accepted here.

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:

1. Where was Palsgraf?

Palsgraf was waiting on a railroad platform to catch a train.

2. What happened as two men were running?

One man carrying a package of fireworks was helped by guards but dropped the package, which exploded.

3. Did injury result? How so?

Yes. The explosion caused scales at the other end of the platform to fall and strike Palsgraf.

Complete factual narrative: While Palsgraf was waiting to catch a train on a railroad platform, two men ran to catch a different train. The second man, carrying a wrapped package containing fireworks, had difficulty boarding. 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 Palsgraf.

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.

Part 6: Reasoning

The reasoning is the court's explanation for how it reaches the answer, or the holding. Fill in the key legal phrases from the court's reasoning:

The risk reasonably to be perceived defines the to be obeyed . . . . One who seeks redress at law does not make out a cause of action by showing without more that there has been to his person. If the harm was not , he must show that the act as to him had possibilities of danger so many and apparent as to entitle him to be protected . . . . If there is no to be redressed, there is no occasion to consider what damage might be recovered . . . .

Part 7: Holding

State the court's answer to the legal question. This is the rule applied to the specific facts in this case.

Did the railroad owe a duty to Palsgraf? Why or why not?

Was there a foreseeable risk of harm?

Part 8: Order

This is the outcome, or the court's instruction of what happens next procedurally

What does the court order?

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:

Part 4: Facts

Your Answer:

Model Answer:

Part 5: Rule

Model Answer:

Part 6: Reasoning

Summary Comparison:

Your Summary:

Model Summary:

Part 7: Holding

Your Answer:

Model Answer:

Part 8: Order

Your Answer:

Model Answer:

✨Excellent! ✨