Briefing Cases
In general, it should not take you more than 20 minutes to brief a case after you have read it carefully. The brief should be no longer than two typed pages and should include the students name, the assignment, and the date at the top of the first page.
Every brief should contain the following elements:
Identification of Case
1. Name of Case: The title of the decision contains the name of the litigants.
2. Citation (for possible later reference to complete official text): A judicial citation contains the volume number and page number of the reporter system in which the decision appears as well as the year in which the decision was issued.
3. Date decided (at the highest court level) and the highest court: The level or type of court is important because it indicated the federal or state jurisdiction immediately affected by the decision.
Analysis of Case
4. Background and Facts: Include previous court rulings here: Facts include the actual circumstances, events or occurrences involved in the case.
5. Issues (no more than two or three issues per case in one line each: include “yes” or “no” answers after each): An issue is a disputed point or question of law on which a legal action is based. Issues are of two types, procedural and substantive.
a. Procedural: Involves specific disputed questions of law and these issue are the basis of an appeal to a higher court.
b. Substantive: involve broader questions of legal rights and principals, such as liberty and property interests.
6. Decision of the Highest Court
7. Majority opinion or reasons for the decision (about three to six lines)
8. Any dissenting or concurring opinions (two or three lines each)
9. Comments from you and/or your sources
Please cite all sources at the end of the brief. It is not necessary to create a separate reference page.
The State of Nebraska v. Kevin. K
Identification of Case
In the re-interest of Kevin. The state of Nebraska v. Kevin. K. 742 N.W.2d 767 (2007). This case was decided on December 21, 2007.
Background and Facts
Kevin was adjudicated for habitual truancy and filed a motion to terminate jurisdiction based on the fact that his mother signed a release authorizing his withdrawal from school. The separate Juvenile court of Lancaster county terminated its jurisdiction, and the state appealed when the Juvenile and Department of Health and Human Serviced petitioned the case for further review. Kevin admitted to the allegations of truancy and the juvenile court placed him under the legal custody of Nebraska Department of Health and Human services (Stephan, 2007). Kevin was ordered to attend summer school and attend all scheduled classes. On the other hand, his mother was ordered not to provide him with an excuse from school and any illness will be verified by the school nurse.
Issues
The main issue that developed, in this case, was the best interest of the child and who had the authority to decide whether or not the child should remain enrolled ...
Briefing CasesIn general, it should not take you more than 20 mi.docx
1. Briefing Cases
In general, it should not take you more than 20 minutes to brief
a case after you have read it carefully. The brief should be no
longer than two typed pages and should include the students
name, the assignment, and the date at the top of the first page.
Every brief should contain the following elements:
Identification of Case
1. Name of Case: The title of the decision contains the name of
the litigants.
2. Citation (for possible later reference to complete official
text): A judicial citation contains the volume number and page
number of the reporter system in which the decision appears as
well as the year in which the decision was issued.
3. Date decided (at the highest court level) and the highest
court: The level or type of court is important because it
indicated the federal or state jurisdiction immediately affected
by the decision.
Analysis of Case
4. Background and Facts: Include previous court rulings here:
Facts include the actual circumstances, events or occurrences
involved in the case.
5. Issues (no more than two or three issues per case in one line
each: include “yes” or “no” answers after each): An issue is a
disputed point or question of law on which a legal action is
based. Issues are of two types, procedural and substantive.
a. Procedural: Involves specific disputed questions of law and
these issue are the basis of an appeal to a higher court.
b. Substantive: involve broader questions of legal rights and
principals, such as liberty and property interests.
6. Decision of the Highest Court
7. Majority opinion or reasons for the decision (about three to
six lines)
8. Any dissenting or concurring opinions (two or three lines
2. each)
9. Comments from you and/or your sources
Please cite all sources at the end of the brief. It is not necessary
to create a separate reference page.
The State of Nebraska v. Kevin. K
Identification of Case
In the re-interest of Kevin. The state of Nebraska v. Kevin. K.
742 N.W.2d 767 (2007). This case was decided on December
21, 2007.
Background and Facts
Kevin was adjudicated for habitual truancy and filed a
motion to terminate jurisdiction based on the fact that his
mother signed a release authorizing his withdrawal from school.
The separate Juvenile court of Lancaster county terminated its
jurisdiction, and the state appealed when the Juvenile and
Department of Health and Human Serviced petitioned the case
for further review. Kevin admitted to the allegations of truancy
and the juvenile court placed him under the legal custody of
Nebraska Department of Health and Human services (Stephan,
2007). Kevin was ordered to attend summer school and attend
all scheduled classes. On the other hand, his mother was
ordered not to provide him with an excuse from school and any
illness will be verified by the school nurse.
Issues
The main issue that developed, in this case, was the best
interest of the child and who had the authority to decide
whether or not the child should remain enrolled in school past
the age of 16. Under the compulsory attendance law, school
authorities had authority to grant permission to be absent thus
parental consent to be an absence of a child who was legally
required to attend school did not alter the fact if truancy.
Decision of the Highest Court
The supreme court held that mother's signing of release
ended juvenile's status as a truant and it was no longer
3. necessary for the juvenile court to exercise its jurisdiction. The
juvenile court ordered did not prohibit the mother from
exercising her statutory right to discontinue juvenile's school
enrollment when he reached the age of 16.
Reasons
The court provided compulsory attendance under the
reasoning that, the state required school age children between
the age of 6 to 18 years to attend school. The majority had a
substantial effect on the decisions made by the juvenile court
which provided that, at the age of 16, the child can withdraw
from school as long as the guardian provides a signed, notarized
release discontinuing their enrolment. The dissented reason by
the supreme court provided that, because Kevin's mother has
authorized discontinuation of his school enrollment, Kevin was
no longer considered a truant and the sole basis of the juvenile
court's jurisdiction had no basis.
Comments
Due to the subsequent amendment of the compulsory
school attendance statutes, the principle no longer applies in the
case where children have not reached the mandatory attendance
age. In 2004, the state of Nebraska made school attendance
mandatory for children between the age of 6 and 18 who have
not obtained a high school diploma (Coleman, 2010). This case
resulted from the failure of an individual to comply with
compulsory attendance laws in which are also known as
statutory compulsory education laws. Truancy is not a crime and
juveniles adjudicated as habitually truant are considered status
offenders under the Nebraska Juvenile Code. This code provides
that, juvenile court's jurisdiction over an adjudicated individual
shall continue until the individual reaches the age of majority
(Coleman, 2010). In my own opinion, I think the court noted
that the termination of Kevin's education and his enrollment to
the GED program does not bode well for the development of his
mental, physical and health in an effort to protect his interest.
4. References
Coleman, J. (2010). Equality of Educational Opportunity.
Washington: U.S. Government Printing Office.
Stephan, J. (2007, 12 21). FindLaw. Retrieved from IN RE:
Interest of KEVIN K., a Child Under 18 Years of Age. State
of Nebraska, Appellant, v. Kevin K. and Nebraska Department
of Health and Human Services, Appellees.:
http://caselaw.findlaw.com/ne-supreme- court/1242035.html