The art of_case_briefing[1]
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The document discusses the technique of case briefing, which involves deciphering and understanding court opinions. There are four parts to a case brief: (1) Style, which involves properly citing the case; (2) Facts, which provides details about the parties, lower court decisions, disputed law, and arguments; (3) Issue, which defines the central question in a question format; and (4) Holding, which answers the issue question and provides the court's reasoning. An example of a completed case brief is given for Brown v. Board of Education.
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How to Brief a Case
A case brief is a written summary of a decided case. Each professor and lawyer has
their own format for briefing a case. A case brief will focus on the main issue(s) of the
case and is a valuable tool when conducting legal research. Not only does the act of
briefing a case help you to isolate the issue, it can clarify the facts that were instrumental
in coming to the conclusion that the Judges or Justices did. When asked to prepare a
brief for someone, it is a good idea to ask for a sample first to make sure you comply with
their format requirements. It is also vital for you to obtain a copy of the actual case. What
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not even contain all of the issues decided in that case.
For the purposes of this class, you will use the following format:
Citation: The citation is the name, reporter and date the case was decided. It is also a
good idea to list the actual court if it is not apparent from the citation. For example:
Marbury v. Madison 5 US 137 (1803).
Facts: The facts section will only include the facts important to the actual holding in the
case. While you need to provide enough information so that the reader will know who is
doing what, you should exclude any matters which did not have an effect on the outcome
of the case. You do not want to copy of the facts straight from the case, it will be very
obvious and prevent your case brief from being “brief.”
You should make sure you know what the issue and reasoning is before you set down the
facts. You should indicate which party was the plaintiff and which was the defendant at
trial and refer to them by name throughout the brief. This is because at the appellate
level the winner will be called the appellee and the loser, the appellant. It gets confusing
if you continue to call them plaintiff and defendant or appellant and appellee.
Procedural History: The procedural history will indicate what happened in the trial level
(and appellate level if it made it to the Supreme Court). You should also indicate which
trial court the case came from. You would need to indicate what the causes of actions
were and how the court ruled on them. You will then indicate who brought the appeal
and why.
Issue: Unless the decision is very clear, this may be the most difficult part of the brief.
You need to indicate in question form, what the appellate court is being asked to decide.
If there is more than one question to be answered, you need to list them all.
Holding: This is the answer to the question(s). You will tell the conclusion of the appellate
court and what they have ordered: affirmed, reversed, or remanded.
Reasoning: This is the most important part of your brief. It is in this section that you
explain why the appellate court decided the way it did and include citations to any cases
they relied on in their decis ...
How To Brief a Case Confusion often arises over the term le.docx
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
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Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
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Education is a hallmark of civic life in America, so it’s no surprise that it’s been at the center of many landmark controversies over the years. Here are 10 Supreme Court cases related to education that impacted both constitutional law and the public school experience.
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9. Engel v. Vitale(1962) and 8. Abington School District v. Schempp (1963)
This pair of cases shaped the modern understanding of how the Establishment Clause of the First Amendment constrains prayer in public schools. In Engel, the Court struck down a New York State rule that allowed public schools to hold a short, nondenominational prayer at the beginning of the school day. The Court decided that these prayers amounted to an “official stamp of approval” upon one particular kind of prayer and religious service, and said that, since teachers are agents of the federal government, the scheme violated the Establishment Clause.
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7. Lemon v. Kurtzman(1971)
This case adjudicated a different sort of Establishment Clause challenge, where the controversy dealt with a statute providing financial support for teacher salaries and textbooks in parochial schools. The Burger Court unanimously decided that this financial aid scheme violated the Establishment Clause and delineated the governing precedent for Establishment Clause cases known as the Lemon test. Under Lemon, statutes (1) must have a secular legislative purpose; (2) must have primary effects that neither inhibit nor advance religion; and (3) cannot foster an “excessive government entanglement with religion.” The Court held that this scheme violated the third prong of the Lemon test.
6. Wisconsin v. Yoder (1972)
Among the litany of public school cases from the Warren and Burger eras is the landmark Free Exercise Clause decision in Yoder. Wisconsin mandated that all children attend public school until age 16, but Jonas Yoder, a devoutly religious Amish man, refused to send his children to school past eighth grade. He argued that his children didn’t need to be in school that long t ...
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The document discusses chapters on constitutional rights, including sections on freedom of religion, freedom of speech, freedom of the press, and freedom of assembly. It explains how the Supreme Court extended many of the rights in the Bill of Rights to apply to state and local governments through a process called incorporation, nationalizing constitutional protections and helping ensure uniform rights across the United States. Key Supreme Court cases are referenced that helped define religious freedom and other civil liberties.
Right To Counsel A Analysis Of How The Right To An Attorney
The document summarizes a Supreme Court case, Betts v. Brady, that analyzed whether the right to counsel extended to state courts under the 14th Amendment. The case involved a man denied a lawyer during his trial for robbery in Maryland state court. The Supreme Court ruled 6-3 that the 14th Amendment did not require states to provide counsel for indigent defendants in every case. However, denial of counsel by a state could in some cases violate due process rights. A later case, Gideon v. Wainwright, would eventually overturn this ruling and incorporate the right to counsel against the states.
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InstructionsIntegral to this course will be the ability to read,.docx
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM
This document provides guidance on writing a comprehensive legal brief, including the key elements that should be included. It explains that a brief should include: 1) the title and citation of the case, 2) a summary of the pertinent facts, 3) the legal issues raised, 4) the court's decisions, 5) the court's reasoning, 6) any separate or dissenting opinions, and 7) a historical analysis. For each section, it provides details on what types of information should be included. It emphasizes the importance of properly framing the legal issues and understanding the court's reasoning.
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How to Brief a Case
A case brief is a written summary of a decided case. Each professor and lawyer has
their own format for briefing a case. A case brief will focus on the main issue(s) of the
case and is a valuable tool when conducting legal research. Not only does the act of
briefing a case help you to isolate the issue, it can clarify the facts that were instrumental
in coming to the conclusion that the Judges or Justices did. When asked to prepare a
brief for someone, it is a good idea to ask for a sample first to make sure you comply with
their format requirements. It is also vital for you to obtain a copy of the actual case. What
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Citation: The citation is the name, reporter and date the case was decided. It is also a
good idea to list the actual court if it is not apparent from the citation. For example:
Marbury v. Madison 5 US 137 (1803).
Facts: The facts section will only include the facts important to the actual holding in the
case. While you need to provide enough information so that the reader will know who is
doing what, you should exclude any matters which did not have an effect on the outcome
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level the winner will be called the appellee and the loser, the appellant. It gets confusing
if you continue to call them plaintiff and defendant or appellant and appellee.
Procedural History: The procedural history will indicate what happened in the trial level
(and appellate level if it made it to the Supreme Court). You should also indicate which
trial court the case came from. You would need to indicate what the causes of actions
were and how the court ruled on them. You will then indicate who brought the appeal
and why.
Issue: Unless the decision is very clear, this may be the most difficult part of the brief.
You need to indicate in question form, what the appellate court is being asked to decide.
If there is more than one question to be answered, you need to list them all.
Holding: This is the answer to the question(s). You will tell the conclusion of the appellate
court and what they have ordered: affirmed, reversed, or remanded.
Reasoning: This is the most important part of your brief. It is in this section that you
explain why the appellate court decided the way it did and include citations to any cases
they relied on in their decis ...
How To Brief a Case Confusion often arises over the term le.docx
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
Education is a hallmark of civic life in America, so it’s no surpr.docx
Education is a hallmark of civic life in America, so it’s no surprise that it’s been at the center of many landmark controversies over the years. Here are 10 Supreme Court cases related to education that impacted both constitutional law and the public school experience.
10. Brown v. Board of Education (1954)
Arguably the most well-known ruling of the 20th century, Brown overturned Plessy v. Fergusonand established that “separate educational facilities are inherently unequal.” The Warren Court’s unanimous decision explained that the separate-but-equal doctrine violated the Equal Protection Clause of the 14th Amendment, and ordered an end to legally mandated race-segregated schools. While the Brown decision marked only the beginning of a prolonged struggle to achieve actual integration, its impact cannot be understated.
9. Engel v. Vitale(1962) and 8. Abington School District v. Schempp (1963)
This pair of cases shaped the modern understanding of how the Establishment Clause of the First Amendment constrains prayer in public schools. In Engel, the Court struck down a New York State rule that allowed public schools to hold a short, nondenominational prayer at the beginning of the school day. The Court decided that these prayers amounted to an “official stamp of approval” upon one particular kind of prayer and religious service, and said that, since teachers are agents of the federal government, the scheme violated the Establishment Clause.
The reasoning in Engel was also applied in Schempp, in which the Court struck down a Pennsylvania policy that required all students to read 10 Bible verses and say the Lord’s Prayer at the beginning of each day. While a student could get an exemption with a parent’s note, the Warren Court decided that this still amounted to an unconstitutional government endorsement of a particular religious tradition.
7. Lemon v. Kurtzman(1971)
This case adjudicated a different sort of Establishment Clause challenge, where the controversy dealt with a statute providing financial support for teacher salaries and textbooks in parochial schools. The Burger Court unanimously decided that this financial aid scheme violated the Establishment Clause and delineated the governing precedent for Establishment Clause cases known as the Lemon test. Under Lemon, statutes (1) must have a secular legislative purpose; (2) must have primary effects that neither inhibit nor advance religion; and (3) cannot foster an “excessive government entanglement with religion.” The Court held that this scheme violated the third prong of the Lemon test.
6. Wisconsin v. Yoder (1972)
Among the litany of public school cases from the Warren and Burger eras is the landmark Free Exercise Clause decision in Yoder. Wisconsin mandated that all children attend public school until age 16, but Jonas Yoder, a devoutly religious Amish man, refused to send his children to school past eighth grade. He argued that his children didn’t need to be in school that long t ...
LOAPUSH Court System
The document discusses chapters on constitutional rights, including sections on freedom of religion, freedom of speech, freedom of the press, and freedom of assembly. It explains how the Supreme Court extended many of the rights in the Bill of Rights to apply to state and local governments through a process called incorporation, nationalizing constitutional protections and helping ensure uniform rights across the United States. Key Supreme Court cases are referenced that helped define religious freedom and other civil liberties.
Right To Counsel A Analysis Of How The Right To An Attorney
The document summarizes a Supreme Court case, Betts v. Brady, that analyzed whether the right to counsel extended to state courts under the 14th Amendment. The case involved a man denied a lawyer during his trial for robbery in Maryland state court. The Supreme Court ruled 6-3 that the 14th Amendment did not require states to provide counsel for indigent defendants in every case. However, denial of counsel by a state could in some cases violate due process rights. A later case, Gideon v. Wainwright, would eventually overturn this ruling and incorporate the right to counsel against the states.
Right To Counsel An Analysi Of How The Right To An Attorney
The document summarizes the expansion of the right to counsel in criminal cases from Betts v. Brady (1942) to Gideon v. Wainwright (1963). In Betts, the Supreme Court ruled that states did not have to provide counsel to indigent defendants in non-capital cases unless special circumstances existed. In Gideon, the Court overturned Betts and established that the 6th Amendment right to counsel applies to the states through the 14th Amendment, guaranteeing counsel for indigent defendants in all felony cases. The document outlines lessons on how students can analyze the cases, key legal terms, and procedures for teaching the material through case summaries, discussion questions, and viewing the film Gideon's Trumpet
InstructionsIntegral to this course will be the ability to read,.docx
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM
This document provides guidance on writing a comprehensive legal brief, including the key elements that should be included. It explains that a brief should include: 1) the title and citation of the case, 2) a summary of the pertinent facts, 3) the legal issues raised, 4) the court's decisions, 5) the court's reasoning, 6) any separate or dissenting opinions, and 7) a historical analysis. For each section, it provides details on what types of information should be included. It emphasizes the importance of properly framing the legal issues and understanding the court's reasoning.
Make Your Case.docx
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Constitutional Law - 06-08-08
This document provides information about a Constitutional Law II course on civil liberties taught at Williams College in the fall of 2008. The course will be taught by Professor Bernard Moore and will focus on the evolution of American civil liberties and civil rights based on Supreme Court decisions interpreting the Bill of Rights and Fourteenth Amendment. Students will examine issues like freedom of religion, speech, press, search and seizure protections, and the right to privacy through analyzing court cases and class discussions. Assessment will include exams, a research paper and oral argument participation in a mock Supreme Court case.
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This document provides information about a debate workshop to be held on December 2nd. It discusses the purpose of debates and different debate styles and formats that will be covered, including team policy debates, Lincoln-Douglas debates, and parliamentary debates. The workshop will cover four types of debate topics and compare different debate styles such as cross-examination debates, public forum debates, and their various formats and procedures.
File Upload MODULE 5 M.docx
File Upload: MODULE 5
Module Assignment #5
Objectives
1. Discuss attributes of a culture of wellness, including those that facilitate improving a
patient’s medication experience.
2. Identify behaviors and beliefs that promote safe medication-taking practices.
3. List actions that individuals, the scientific and medical community, and government
can take to address America’s drug-taking culture and the prescription drug misuse
epidemic.
Directions
In Module 5, we’re wrapping-up the course by shifting the conversation toward a culture
of health. To do this, we’ll write a response paper to one of the following three TED
talks:
1. “What makes us get sick? Look Upstream” by Dr. Rishi Manchanda
2. “How to connect with depressed friends” by Bill Bernat
3. “Addiction is a disease. We should treat it like one” by Michael Botticelli
Select and view the one TED talk that you find the most interesting (see ‘Resources’).
Then, compose a response paper that reports your interpretation, analysis, and
aesthetic response of/to the ideas presented within the TED talk. Consult the ‘What to
Include’ section below for specific instructions.
What to Include
Compose a response paper that reports your interpretation, analysis, and aesthetic
response of/to your selected TED talk by addressing the following three writing prompts:
1. Interpret the artistic work:
• In your opinion, what is the main message the presenter is trying to share?
Support your response with a specific example from the TED talk.
2. Analyze and Evaluate: What is your analysis of the TED talk overall? Address both
of these prompts to help construct your analysis:
• What is the main issue or problem the presenter is discussing? How does
this issue/problem contribute to America’s drug-taking culture? Elaborate on
your response with an example from the talk.
• Consider the solution the presenter proposes to address the main
issue/problem they are discussing. If individuals or society implement this
solution, how would these actions contribute to a culture of wellness? Again,
elaborate on your response with an example from the talk.
3. Develop an aesthetic response:
• How did watching this TED talk make you feel? Elaborate on your response
by including a meaningful personal reflection that further explains your
thoughts and feelings.
4. Format guidelines: Arial font size 11; single-spaced; 1” margins; Length: 1.5 pages
maximum
5. Please cite the TED talk as well as any external sources, and include a reference list
containing the full citation for each source following the end of your essay.
Resources
1. Michael Botticelli. Addiction is a disease. We should treat it like
one [Video]. Published October 2016. Accessed March 29, 2019.
2. Bill Bernat. How to connect with depressed friends [Video]. Published November
2017. Accessed March 29, 2019.
3. Dr. Rishi Manchanda ...
How to Brief a Legal Case (ver 3)
Slide presentation created on 3-24-2012, by Michele N. Schumacher, Esq., Adjunct Professor, Southside Virginia Community College, Keysville, VA
After reading the Content Three material, go the the following l.docx
After reading the Content Three material, go the the following link and watch the TED Talk by Sam Harris entitled
Science Can Answer Moral Questions
Afterward, please write an essay addressing the following questions.
1. Freedom of speech, freedom of expression, and freedom of association are all values that we as Americans hold dear. Yet, we sometimes encounter ethical quandaries when individuals or groups who seek to proliferate ideas that the majority would consider nefarious demand statuses of recognition and privilege normally reserved for more widely-accepted perspectives. Consider the article on the implications of 501(c)(3) tax status awards for racist, white-nationalist propaganda organizations titled
Four white nationalist groups given nonprofit status, permission to raise nearly $8M in tax-deductible donations
. Consider the arguments on both sides of this public debate. On one hand, you have the argument that all Americans (and organizations) should be afforded equal rights, notwithstanding different points of view (remember Evelyn Beatrice Hall: "I do not agree with what you have to say, but I'll defend to the death your right to say it"). On the other hand, you have the arguments that government tax incentives should not be subsidizing hate groups, and that the groups in question are unworthy of non-profit status because they operate in a deceptive manner (with misleadingly benign names) and are not really "educating" as the spirit of the law intended. What say you on this issue? Did the IRS err in these cases? To what rights are such groups entitled? What statuses would you---or would you not---confer upon such groups?
2. Suppose that someone who reads your answers to the first part of this assignment accuses you of bias. Another reader states that your answer is "just your opinion," and that there is nothing that makes your opinion more valid than anyone else's. Defend your position. How would you counter such charges? What makes your answer
more
than just opinion?
.
MBA535 Case Brief Guidelines and Rubric How and Why to Brie.docx
MBA535: Case Brief Guidelines and Rubric
How and Why to Brief a Law Case
Purpose
The purpose of reading in the practice of law is different from the purpose of reading in many
other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but
to be able to use the information to answer a question. This requires understanding judicial
opinions in depth and being able to use the information in a number of cases to formulate an
answer to a new question. Therefore, passively reading cases is not sufficient; you must
deconstruct the opinion into its component parts and state those components in your own words
and in an easily accessible format. Then the information is at hand for you to apply to a new set
of facts.
Briefing a case requires you to put the material into your own words. To do this, you have to
understand it. Underlining text does not require you to understand it. Moreover, briefing a case
reduces the volume of material so you can find what you need. Underlining does not accomplish
this goal either.
Assignment
You will complete two Case Briefs as follows and submit each to the Dropbox no later than
Sunday 11:59 PM EST/EDT of the module in which it is due. (Each Dropbox basket is linked to
Turnitin.)
Details for each Case Brief are located within Modules 4 and 8.
Instructions
Every lawyer briefs cases differently. A case brief generally consists of a series of topic
headings with the specific information from the case under each heading. Most case briefs
contain similar information but the headings and their sequence may be different. Some
professors have a preferred briefing format. You are only required to follow the general format
as set forth below.
The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach,
et al., 2007).
1. Case name: Include the full citation, including the date of the opinion, for future
reference and citation. An example would be as follows: State v. Holloran, 140 NH 563
(1995). Refer to Bluebook to determine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the
case brief so you can find material again quickly within a case.
3. Procedural History: What happened to the case before it arrived in this court? If it is an
appellate case, list the decisions made by the lower court(s) and note what decision is
being reviewed (e.g., jury verdict, summary judgment). You may need to look up
procedural phrases with which you are unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely
to know what these are until you have read the entire opinion. Many cases may include
procedural facts that are relevant to the decision in addition to the facts that happened
before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes
specific facts ...
Case Brief GuidanceSingle space and clearly label each section. A .docx
Case Brief Guidance
Single space and clearly label each section. A case brief should never exceed a page and a half (usually one page). I may not ask for you to provide all six sections for a given case, so read the assignment instructions. I have included an actual example below and note my comments about the facts, decision, and implications. You are to use only the information in the actual case (no outside help), thus no citations are necessary. You should be sure to include quotation marks if you utilize a direct sentence or phrase. A rubric for scoring is provided in the link below where you accessed this document.
Sections Usually Needed and Clearly Label Each Section:
1. Facts – In a paragraph not to exceed a half of a page, summarize the key events that led us to the presents courts review. This must include include the results of the lower courts as well.
2. Issue – What key question (maybe two) is the Supreme Court addressing? This is usually not whether the court of appeals got it right or wrong, but a legal issue that needs further examination or clarification. It is to be phrased as a question(s) and usually can be directly quoted.
3. Decision – What did the court decide with regards to the question AND what is the next course of action for the case or parties as described in the opinion? This should only two sentences max!
4. Reasoning – Why did the court decide the way they did? This should include the legal reasons for their decision and is likely as long as the facts section depending on the case.
5. Other opinions – Quickly identify what other opinions were written by Supreme Court Justices (concurring/dissenting) and by whom. You do not have to discuss what they said unless I specifically ask for that in the instructions for that case.
6. HRM/Business Implications – What will be the lasting impact of the courts decision on business and HRM practices? This section should probably be around 3 good solid sentences depending on the case.
Example:
1. Facts of the Case
The petitioner Barbara Grutter applied to the University of Michigan Law School in 1996 with a 3.8 GPA and a 161 LSAT score. Grutter was initially placed on a waitlist but was ultimately rejected by the Law School. Grutter filed suit in the United States District Court of the Eastern District of Michigan against the Regents of the university, the Dean of the Law School, the President of the university, and the Director of Admissions at the Law School. Grutter, a white female, claimed that they had discriminated against her on the basis of race which, violated the Fourteenth Amendment, Title VI of the Civil Rights Act, 78 Stat. 252, 42 U.S.C. § 2000d; and Rev. Stat. §1977, as amended, 42 U.S.C. § 1981. Grutter alleged that the University of Michigan used race as a predominant factor to grant admission to certain minority groups and that the respondents had “no compelling interest to justify their use of race in the admissions process. Grutter sued for compensato ...
Brown Vs Board Of Education Essay
Research Paper On Brown V Board Of Education
Brown Vs Board Of Education Essay
Essay On Brown Vs Board Of Education
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Brown Vs Board Of Education Essay
Brown vs. Board of Education: Case Study
Important Cases: Brown Vs. Board Of Education
Brown vs. Board of Education Essay
Brown Vs Board Of Education Essay
Brown Vs Board Of Education Essay
Brown vs. Board of Education Essay
Brown vs. Board of Education
Brown Vs Board Of Education Essay
Brown vs. Board of Education
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Brown vs. The Board of Education Essay
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Essay About Brown V. Board Of Education
Brown v. Board of Education was a landmark 1954 Supreme Court case that ruled racial segregation in public schools to be unconstitutional. The case began the process of desegregating American schools and stated that "separate educational facilities are inherently unequal." It arose from five separate cases challenging racial segregation in public schools. The case overturned the 1896 Plessy v. Ferguson decision that allowed "separate but equal" facilities for black and white Americans. Brown v. Board had a profound impact on dismantling racial segregation in the United States.
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Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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The art of_case_briefing[1]
- 1. The Art of Case Briefing
- 2. What is it? Case briefing is a technique used to decipher and understand court opinions. It is similar to writing a book report, though much, much shorter! It is my hope that learning to case brief will aid you in understanding opinions and allow you to gain a better understanding of legal arguments.
- 3. There are Four Parts to a Case Brief 1. Style 2. Facts 3. Issue 4. Holding
- 4. First Part: Style Like citing a book in MLA, APA, or Chicago…there are specific rules. Blue Book (this is the book that explains how to cite cases, legal codes, etc.) A United States Supreme Court case should be cited as: Party v. party, ### U.S. ### (year decided). Brown v. Board of Education, 347 U.S. 483 (1954).
- 5. Second Part: Facts At least one paragraph (complete sentences) What to include: Parties (who are the people fighting?) Lower courts and their decisions (trial court; intermediate appellate court, if used) Law being disputed Legal arguments presented by both parties Any other pertinent facts
- 6. Third Part: Issue Defined: The central question the reviewing appellate court must answer It must ALWAYS be in the form of a question. Example Brown v. Board: Does the equal protection clause of the 14th Amendment bar segregation in public schools?
- 7. Fourth/Final Part: Holding Two Sub-Parts Part 1: Answer the question presented (issue question) the way the reviewing appellate court answered it and NOT how you think it should be answered Part 2: Explain the court’s reasoning behind its decision. You must use complete sentences and may also use quotes from the case.
- 8. It should look like this… Style: Brown v. Board of Education, 347 U.S. 483 (1954). Facts : Black children (plaintiffs) were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. Parents sued the relevant counties/school districts on grounds that segregation violated the 14th Amendment’s guarantee to equal protection. but lost in the lower courts. This case was decided together with Briggs v. Elliott, Davis v. County School Board of Prince Edward County, and Gebhart v. Belton. Issue: Does the segregation of children in public schools solely on the basis of race deprive the minority children of the equal protection of the laws guaranteed by the 14th Amendment? Holding: Yes. 9 votes for Brown, 0 vote(s) against Despite the equalization of the schools by "objective" factors, intangible issues foster and maintain inequality. Racial segregation in public education has a detrimental effect on minority children because it is interpreted as a sign of inferiority. The long-held doctrine that separate facilities were permissible provided they were equal was rejected. Separate but equal is inherently unequal in the context of public education. The unanimous opinion sounded the death-knell for all forms of state-maintained racial separation.
- 9. Congratulations!!! May the force be with you in your continued pursuit of case briefing!!!