What is the cause of action?

The process of “briefing” is an essential step in understanding a court opinion. A brief is an
organized, written summery of the “important” elements of the written opinion of a court. Case
briefs will help you remember the details of each case for discussions and possible exam
preparation. While you read, you should be thinking of these questions:

A. Who are the parties?
B. What is the cause of action?
C. What is the conduct complained of?
D. What are the positions of the parties?
E. What is the defense or answer to the complaint?
F. What happened in a lower court?
G. Why has the decision been appealed?
H. What does the appelleate court say it has to decide?
I. What is the court’s decision?
J. What reasons does it give for its decision?

Make sure that while these questions are the mere basic to be answered. Take a step back and re-
read. Don’t mistake or “miss the forest for the trees” when you are adhering to a briefing format.
At the start of this course you will receive the briefing form to assist in formatting your
briefs.The case brief length is 5 pages, double spaced.

mckeiver_v._pennsylvania_403_u.s._528_91_s._ct._1976_1971_01

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What is the cause of action

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