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Table 1.1 Elements of a Case Brief Parties This identifies the parties to the action and distinguishes the plaintiff from the defendant (appellant or respondent at the appeal level). When the letter R is used to signify one of the parties it refers to Rex or Regina, the king or queen, who symbolizes the state or government, meaning this is a public law case in which the Crown or state is prosecuting the defendant. When both parties are named as individuals or companies, it is a private law case where the plaintiff is suing the defendant. Facts This is a brief description of what happened to give rise to the dispute between the parties. Only the facts necessary to support the decision are usually included in a brief. History of the Action This lists the various courts that have dealt with the matter and the decisions at each hearing, that is, at the trial level, appeal level, and Supreme Court of Canada level. Issues These are the legal questions that the court must consider to decide the case (It is at this point that the student should consider the arguments that support both sides of the issue. This will do more than anything else to assist in the analysis of cases and foster appreciation of the unique way that students of the law approach such problems.) Decision This is the court's decision, either in favour of or against the plaintiff or defend- ant, or in the case of an appeal, in favour of the appellant or respondent. Reasons This is a summary of the reasons for the decision and is usually a response to the issues raised. In this text, this is the most important part of the judgment because the case will normally be used as an example illustrating the principle of law. Ratio This is the legal principle established by the case and is usually only included when it will be binding on other courts. For our purposes, students could use this heading to summarize the legal principle the case was used to illustrate