SRM Global Fund v. Countrywide Financial

Read the Case SRM Global Fund v. Countrywide Financial (you can find the case from online). https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2009cv05064/346559/68/ Brief in writing and be prepared to discuss SRM Global Fund v. Countrywide Financial.

How to Write a “Brief”

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 When you submit the full written briefs, you will need to use the following

“I-R-A-C’ (Issue-Rule-Application-Conclusion) format:

Issue

: What question must be answered in order to reach a conclusion in the case The Issue MUST be expressed in the form of a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. “Has there been a false imprisonment if the plaintiff was asleep at the time of ‘confinement'”) rather thangeneral (e.g. “Will the plaintiff be successful”). You may make it referable to the specific case being briefed (e.g. “Did Miller owe a duty of care to Osco, Inc.”) or which can apply to all cases that present a similar question (e.g. “Is a duty owed whenever there is an employment relationship”), the latter approach being preferred. Many cases present more than one issue; if there is more than one issue, it is OK to write more than one, but be sure to list the principal one and focus on that.

Rule:

The rule is the law that applies to the principal issue. It should bestated as a general principal, (e.g. A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff.) not a conclusion to the particular case being briefed, (e.g. “The plaintiff was negligent.”). Typically, the Rule can be expressed in one or two sentences.

Application:

The Application is a discussion of how the rule applies tothe facts of a particular case. Essentially, the “Application” is a description of the court’s thought process by which it answered the Issue and established the Rule. While the Issue and Rule are normally only one or 4two sentences each, the Application section of a Brief should be two to four paragraphs long. It should be written debate, not simply a statement ofthe conclusion. Identify the relevant facts of the case. The facts can be included in the Application or in a separatesection of the brief entitled, “Facts.” Whenever possible, present both sides of any issue. Do not begin with your conclusion. The Application shows how you are ableto track the court’s reasoning on paper and is the most difficult (and, on exams, the most important) skill you will learn.

Conclusion:

What was the result of the case With cases, the text gives you a background of the facts along with the judge’s reasoning and conclusion. When your brief cases, you are basically summarizing the judge’s opinion. Most briefs should not have to exceed more than two pages in length PER CASE.