The second element in a case brief is the FACTSThe 'facts' section should contain a summary of facts relevant to the issue the court is addressing. Ultimately, the court in an appellate decision will find a rule to settle the issue that is the basis for the appeal. Because of the principle of precedent, the facts in the present case will be analogized to facts in prior cases. The case brief should just have enough facts to remember the case and explain why the rule was applied. |
Ponder v. Graham
4 Fla. 23 (1851)FACTS: Mary Buccles (respondent, Mary Graham) married Solomon Canady about 1828 in South Carolina, later moving to Georgia. They separated and she began to cohabit with Archibald Graham. In 1832, a bill was passed by the Legislative Council of the Territory of Florida, entitled "An act for the relief of Mary Canady," which divorced Mary from Canady. No notice was provided to Canady. Mary then married Archibald Graham. When Archibald Graham died, Mary elected to take dower in lieu of provisions in the will.
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