please brief the two cases that has been attached in the separate file with following the instruction below:
1. Name of Case
Write the name of the case at the beginning of your brief so that you will be able to identify it later. The case name usually contains the names of the plaintiff and the defendant, who are the parties to the lawsuit. Be sure that you can identify who sued and who was sued as you read through the case.
2. Facts
Briefly summarize the facts of the case. Facts are the who, when, what, where, and why of the case. Describe the history of the dispute, including the events that led to the lawsuit, the legal claims and defenses of each party, and what happened in the trial court. Do not merely copy the facts verbatim; not every detail is important. Instead, include only the relevant facts. To decide which facts are relevant, ask yourself whether a particular fact was important to the courts decision. If the answer is yes, include that fact in your brief. You can also ask yourself whether the courts decision may have been different if a particular fact was omitted or changed. If so, then it is important. You should also look for facts that are repeated at least once in the courts opinion since these tend to be legally relevant.
3. Issue(s)
The issue is a statement of the question of law that the court must answer in order to decide which party should win. A case may involve more than one issue. Sometimes the court will directly state the issue in the opinion. If so, then you can quote the courts statement of the issue in your brief. In most cases, however, you will need to write your own statement of the issue. The issue should be expressed in the form of a question that can be answered yes or no. To ensure that your issue statements are written in the form of a question, begin them with whether, did, can, does, is, etc.
4. Holding(s)
The holding is the answer to the issue. If there are multiple issues, then you should state a holding for each issue. The holding succinctly states the courts ultimate
conclusion, but does not fully explain the conclusion. Write the holding as a single sentence that begins with yes or no, followed by the word because. Doing this will ensure that you directly answer the issue and provide a brief reason for the courts conclusion.
5. Rationale
The court must justify its holding by providing reasons for answering the issue in the way that it did. The rationale is a summary of the reasons that explain how the court reached its decision. The goal for this part of your brief is to understand how the court used the rules of law to resolve the dispute. You should summarize how the court applied the rules to the facts to reach its conclusions.
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