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- 2. 40637286313904718561298870847162847995115128761501116 46689616788701090 Greetings students, I found a description online that may help you understand how to complete a case brief. Please read carefully because you will be completing at least 2 case briefs this semester. Student briefs These can be extensive or short, depending on the depth of analysis required and the demands of the instructor. A comprehensive brief includes the following elements: 1. Title and Citation 2. Facts of the Case 3. Issues 4. Decisions (Holdings) 5. Reasoning (Rationale) 6. Separate Opinions 7. Analysis
- 3. 1. Title and Citation The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing. The first section of this guide shows you how to identify the players without a scorecard. The citation tells how to locate the reporter of the case in the appropriate case reporter. If you know only the title of the case, the citation to it can be found using the case digest covering that court, through Google Scholar, or one of the electronic legal databases subscribed to by the library (Westlaw or LEXIS- NEXIS). 2. Facts of the Case A good student brief will include a summary of the pertinent facts and legal points raised in the case. It will show the nature of the litigation, who sued whom, based on what
- 4. occurrences, and what happened in the lower court/s. http://www.lib.jjay.cuny.edu/research/brief.html#TitleandCitati on http://www.lib.jjay.cuny.edu/research/brief.html#FactsoftheCas e http://www.lib.jjay.cuny.edu/research/brief.html#Issues http://www.lib.jjay.cuny.edu/research/brief.html#Decisions http://www.lib.jjay.cuny.edu/research/brief.html#Reasoning http://www.lib.jjay.cuny.edu/research/brief.html#SeparateOpini ons http://www.lib.jjay.cuny.edu/research/brief.html#Analysis The facts are often conveniently summarized at the beginning of the court’s published opinion. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. WARNING! Judges are not above being selective about the facts they emphasize. This can become of crucial importance when you try to reconcile apparently inconsistent cases, because the way a judge chooses to characterize and “edit” the facts often determines which way he or she will vote and, as a result, which rule of law will be applied. The fact section of a good student brief will include the following elements:
- 5. -sentence description of the nature of the case, to serve as an introduction. underlining to draw attention to the key words or phrases that are in dispute. indictment (in a criminal case) plus relevant evidence and arguments presented in court to explain who did what to whom and why the case was thought to involve illegal conduct. defendant convicted; conviction upheld by appellate court; Supreme Court granted certiorari. 3. Issues The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court. Again, watch out for the occasional judge who misstates the questions raised by the lower court’s opinion, by the parties on appeal, or by the nature
- 6. of the case. Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike. Be sure you have included both. With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restatement of the issue. Set it off with quotation marks or underline it. This will help you later when you try to reconcile conflicting cases. When noting issues, it may help to phrase them in terms of questions that can be answered with a precise “yes” or “no.” For example, the famous case of Brown v. Board of Education involved the applicability of a provision of the 14th Amendment to the U.S. Constitution to a school board’s practice of excluding black pupils from certain public schools
- 7. solely due to their race. The precise wording of the Amendment is “no state shall... deny to any person within its jurisdiction the equal protection of the laws.” The careful student would begin by identifying the key phrases from this amendment and deciding which of them were really at issue in this case. Assuming that there was no doubt that the school board was acting as the State, and that Miss Brown was a “person within its jurisdiction,” then the key issue would be “Does the exclusion of students from a public school solely on the basis of race amount to a denial of ‘equal protection of the laws’?” Of course the implications of this case went far beyond the situation of Miss Brown, the Topeka School Board, or even public education. They cast doubt on the continuing validity of prior decisions in which the Supreme Court had held that restriction of Black Americans to “separate but equal” facilities did not deny them “equal protection of the laws.” Make note of any such implications in your statement of
- 8. issues at the end of the brief, in which you set out your observations and comments. NOTE: Many students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason. There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. It may also help to label the issues, for example, “procedural issues,” “substantive issues,” “legal issue,” and so on. Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class. 4. Decisions The decision, or holding, is the court’s answer to a question presented to it for answer by the parties involved or raised by the court itself in its own reading of the case. There
- 9. are narrow procedural holdings, for example, “case reversed and remanded,” broader substantive holdings which deal with the interpretation of the Constitution, statutes, or judicial doctrines. If the issues have been drawn precisely, the holdings can be stated in simple “yes” or “no” answers or in short statements taken from the language used by the court. 5. Reasoning The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did. This should be outlined point by point in numbered sentences or paragraphs. 6. Separate Opinions Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. Make a note of how each justice voted and how they
- 10. lined up. Knowledge of how judges of a particular court normally line up on particular issues is essential to anticipating how they will vote in future cases involving similar issues. 7. Analysis Here the student should evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, its members, its decision- making processes, or the impact it has on litigants, government, or society. It is here that the implicit assumptions and values of the Justices should be probed, the “rightness” of the decision debated, and the logic of the reasoning considered. A cautionary note Don’t brief the case until you have read it through at least once. Don’t think that because you have found the judge’s best prose you have necessarily extracted the essence of the decision. Look for unarticulated premises, logical fallacies, manipulation
- 11. of the factual record, or distortions of precedent. Then ask, How does this case relate to other cases in the same general area of law? What does it show about judicial policymaking? Does the result violate your sense of justice or fairness? How might it have been better decided? Created by C. Pyle, 1982. Revised by K. Killoran, 1999 and by M. Richards, 2017. SAMPLE Directions: Use Times New Roman or Courier New size 12 Font. The information in all areas are single spaced. Double space between the headings. Draper v. United States
- 12. 358 U.S. 307 (1959) FACTS: (Do not bold the information). A narcotics agent received information from an informant who had previously proven himself reliable, that Draper had gone to Chicago to bring three ounces of heroin back to Denver by train either the morning of September 8 or 9. The informant also gave a detailed physical description of Draper, the clothes he would be wearing and that he habitually “walked real fast.” Based on this information, police officers set up surveillance of all trains coming from Chicago. The morning of September 8 produced no one fitting the informant’s description. On the morning of September 9, officers observed an individual, who matched the exact description the informant had supplied, get off of a train from Chicago and begin to walk quickly toward the exit. Officers overtook the suspect and arrested him. Heroin and a syringe were seized in a search incident to the arrest. The informant died prior to the trial and was therefore ISSUES: Can information provided by an informant, which is
- 13. subsequently corroborated by an officer, provide probable cause for an arrest without a warrant? YES. DECISIONS (HOLDINGS): Information received from an informant, which is corroborated by an officer, may be sufficient to provide probable cause for an arrest even though such information is hearsay and would not otherwise be admissible in a criminal trial. REASONING (RATIONALE): The informant who provided information to the agent had provided reliable information in the past. When the agent personally verified each element of the informant’s detailed description, except the part involving the possession of drugs, he developed probable cause to believe that the rest of the informant’s description was true. SEPARATE OPINIONS: The various opinions of the various judges goes here.
- 14. ANALYSIS: The evidence from the informant in this case could be considered hearsay, which ordinarily is inadmissible in a criminal trial. The Court said, however, that it could be used to show probable cause for purposes of a search; this, evidence that may not be admissible in a trial may be used by the police to establish probable cause. This is important because all information from an informant is considered hearsay as the basis for police action, but the police can act on such information as long as it is good enough to establish probable cause. The Court held that there was probable cause in the case because the information came from “one employed for that purpose and whose information had always been found accurate and reliable.” The Court added that “it is clear that [the police officer] would have been derelict in his duties had he not pursued it.”
- 15. Predicting an Outcome Using Regression Models · Perform multiple regression on the relationship between hospital costs and patient age, risk factors, and patient satisfaction scores, and then generate a prediction to support this health care decision. Write a 3 page analysis of the results in a Word document and insert the test results into this document. For this assessment, you will perform multiple regression and generate a prediction to support a health care decision. · Regression Analysis · Gallo, A. (2015, November 04). A refresher on regression analysis. Harvard Business Review Digital Articles, 2–9. · SCSUEcon. (2011, August 20). Linear regression in Excel [Video] | Transcript. Retrieved from https://www.youtube.com/watch?v=TkiB1xBnjn4 · Using Regression Analysis Every Day. Effect Size · Sullivan, G. M. (2012). FAQs about effect size. Journal of Graduate Medical Education, 4(3), 283–284. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3444175/ · Sullivan, G. M., & Feinn, R. (2012). Using effect size—or why the P value is not enough. Journal of Graduate Medical Education, 4(3), 279–282. Predictive Analytics · Davenport, T. H. (2014, September 02). A predictive analytics primer. Harvard Business Review Digital Articles, 2–4. · IntroToIS BYU. (2016, November 04). Creating a multiple linear regression predictive model in Excel [Video] | Transcript. Retrieved from https://www.youtube.com/watch?v=rWJKLqp3wWs Textbook
- 16. · Kros, J. F., & Rosenthal, D. A. (2016). Statistics for health care management and administration: Working with Excel (3rd. ed.). San Francisco, CA: Jossey-Bass. Available in the courseroom via the VitalSource Bookshelf link. Asssessment Instructions Preparation Download the Assessment 3 Dataset [XLSX]. The dataset contains the following variables: · cost (hospital cost in dollars). · age (patient age in years). · risk (count of patient risk factors). · satisfaction (patient satisfaction score percentile rank). Instructions Hospital administration needs to make a decision on the amount of reimbursement required to cover expected costs for next year. For this assessment, using information on hospital discharges from last year, perform multiple regression on the relationship between hospital costs and patient age, risk factors, and patient satisfaction scores, and then generate a prediction to support this health care decision. Write a 3–4-page analysis of the results in a Word document and insert the test results into this document (copied from the output file and pasted into a Word document). Refer to Copy From Excel to Another Office Program for instructions. Submit both the Word document and the Excel file that shows the results. Grading Criteria The numbered assessment instructions outlined below correspond to the grading criteria in the Predicting an Outcome Using Regression Models Scoring Guide, so be sure to address each point. You may also want to review the performance-level descriptions for each criterion to see how your work will be assessed. 1. Perform the appropriate multiple regression using a dataset. 1. Interpret the statistical significance and effect size of the regression coefficients of a data analysis.
- 17. 15. Interpret p-value and beta values. 1. Interpret the fit of the regression model for prediction of a data analysis. 16. Interpret R-squared and goodness of fit. 1. Apply the statistical results of the multiple regression of a data analysis to support a health care decision. 17. Generate a prediction with regression equation. 1. Write a narrative summary of the results that includes practical, administration-related implications of the multiple regression. 1. Write clearly and concisely, using correct grammar, mechanics, and APA formatting. Additional Requirements Your assessment should meet the following requirements: . Written communication: Write clearly, accurately, and professionally, incorporating sources appropriately. . Length: 3 pages . Resources: Not required. . APA format: Cite your sources using current APA format. . Font and font size: Times Roman, 10 point.