Manav Rachna University

Faculty of Law

CASE BRIEF TEMPLATE

BASIC DETAILS Name of the Case, Case No., Name Of the Court
FACTS In your own words…
Who are the parties to the lawsuit?
What is their dispute?
How did they get to this court?
PROCEDURAL
HISTORY
ISSUE/ SUB-ISSUES Basic Legal Questions
RULE OF LAW Relevant Legal Proposition applied/ or pronounced
REASONING Explanation/ rationale/ reasoning behind the court’s decision.
HOLDING/ DECISION What is the decision of the Court? What was held in the Case?
CONCURRENT Basis/ Reasoning concurrent opinion, if any.
OPINION
MINORITY/ DISSENT Opinion and Reasoning, if any.

CASE BRIEF – Example

BASIC Fagan v. Metropolitan Police Commissioner
DETAILS [1968] 3 ALL ER 442
Queen’s Bench Division
Lord Parker CJ, Justice Bridge and Justice James
FACTS In this case, the defendant pulled over a car on Constable’s foot, who was
on duty and who indicated the defendant to park his car close to the kerb.
The Constable even gave the warning to the defendant to remove his car
from his foot, but defendant ignored the warning and rather turned off the
ignition and let the car remain on constable’s foot.
PROCEDURAL The defendant was convicted for assaulting the constable by the trial
HISTORY magistrate
Appeal of the defendant was dismissed by the quarter Sessions.
Fagan files the appeal to Queen’s Bench Division
ISSUE Whether Defendant has committed assault on Constable by pulling over
his car on the foot of the latter? OR
Whether the pulling over car on the foot of the constable, amounts to
assault by the defendant?
 SUBISSUES:
1. Can assault be committed through the medium of some weapon or
instrument controlled by the offender?
2. The car’s type got on the foot of the constable accidentally.
Whether omission to remove car is assault?
3. Whether continuity of the act after the knowledge about the wheel
on the foot amounts to assault?
RULE OF LAW Assault is any Act which intentionally or possibly recklessly causes
APPLIED/ another person to apprehend immediate and unlawful personal violence.
UPHELD Assault is generally synonymous with the term battery.
Battery is actual intended use of unlawful force to another person without
his consent.
REASONING 1. Yes, it can be committed through some instrument. The defendant
committed assault through the medium of car.
2. The conduct of the defendant cannot be treated as mere omission
or inactivity.
3. Initial act was unintentional, but despite the knowledge of the fact,
the defendant continued to keep his wheel on plaintiff’s foot
amounted to infliction of harm.
4. Actus reus and mens rea are present. It is not necessary that mens
rea should be present at the inception. It can be superimposed on
an existing act.
5. The court observed that his act of being seated and words, showed
his intention to inflict the harm.
HOLDING/ The judgment of both the lower courts was upheld.
DECISION Appeal was dismissed.
CONCURRENT Unanimous Judgement. No Minority or dissenting opinion.
/ DISSENT