Case Briefing: The Four Step Process

Step Two (Continued): Brief the Case Using This Books Case Briefing Format
    Issues: Now let’s sort out the issues.  There clearly are two issues here, since the court acknowledged two bases for their decision.  On the one hand the court held that Siegrist voluntarily began to render aid by applying ice, and then did not proceed with reasonable care since he left Farwell at the grandparent’s home without notifying anyone of Farwell's condition. 
    Alternatively, the court held that the two were companions on a social venture, implying an obligation upon Siegrist to render assistance so long as the assistance does not imperil Siegrist. 
    Issues are always to be stated as a question that can be answered affirmatively.  The Farwell case is unusual in that two issues need to be elaborated on.  There is actually a central issue as to whether or not Duty considerations are a matter of law or fact, but we know from our perusal of the Table of Contents that that is not the issues(s) we're to be considering.  So write, "1) Must one who voluntarily begins to render assistance use reasonable care in carrying out such assistance?  2) When people are engaged in a "common undertaking", does that bring about a special relationship, implying an obligation to assist if such assistance can be carried out safely?"
   
    The Problem: I include a section called “the problem” for 2 reasons: 1) as a law student you will be juggling many, many cases in a single day.  Your ability to remember and recall those cases will sometimes not be what it should.  By having a section that recites the problem, you can quickly get to the heart of what these folks are arguing about.  After all, in the end, every case is just a disagreement between the parties.  2) When called on in class the professor will sometimes ask you to recite the facts and some other details and then say, "so what's the problem?".  In our case, Farwell, the Professor might say to you, "So what.  So Siegrist left Farwell in the car that night.  Why should he owe Farwell any more than that?"  The professor’s comment and question goes towards the policy part of the holding.  You see, the real "problem" here is that as a society we want to encourage companions to help one another out when difficulty arises, and Siegrist didn't provide that help.  We also want those who do try to help, to do so reasonably and not instead cause more harm to the person.  Siegrist's driving around town with Farwell, and his subsequent depositing of Farwell in a driveway where he was unlikely to get help, may very well have prevented Farwell from being discovered by someone who would have gotten Farwell to medical attention.  These are known as policy reasons that stand behind the rules of law.
    So under problem, you can write, "As a society we want to encourage co-venturers to help one another out when difficulty arises, and Siegrist didn't provide that help; further, we want those who do try to help, to do so reasonably and not instead cause more harm to the person."


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