Case Brief Custom Essay
BRIEF A CASE
A case Brief is a summary of the court’s opinion. For this assignment, you are to choose one of the two court opinions posted in the Assignment Section for Week 1. Your brief should be 5 pages (double-spaced, 12 point font). This must be in your own words, and must include your own analysis. Do not work with anyone else on this assignment.
This assignment is due no later than 11:59pm, September 22, 2013. It should be posted on Turn-it-in, located under “Assignments” on Week 2.
Name of the Case and Citation
The case name is underlined or Italicized and the citation should include the court and the date.
What happened between these parties? What does the plaintiff want the court to do?
How did the case get to the final court? Describe the path the case took through the court system, and describe the decisions of each of the lower court(s).
What is the legal question? What are the statutory and/or regulatory provisions considered by the Court?
What is the decision of the Court? Which side did the court agree with? Did they affirm the lower court or did they reverse the lower court? Which Judge (or Justice) wrote the opinion?
What was the reasoning used by the court to reach its decision? Did they have to analyze other laws to get to the decision? Is this new law? Did they apply the ruling of another court (usually a higher court)? Most importantly, I want you to provide your analysis on whether you agree with the Court, and why or why not.
Concurring and Dissenting Opinions
Judges may write concurring opinions if they agree with the ultimate decision, but their reasoning may be different. If so, they may write a concurring opinion to discuss their reasoning. Also a Judge may disagree with the opinion, and may write a dissenting opinion to describe their thinking. Please describe any concurring or dissenting opinions, including the reasoning in those opinions.
Your Personal Analysis
After reviewing all of the facts and analysis by the various courts, I want you to present your views on the case. Do you agree with the Opinion? Do you think either a Concurring or Dissenting Opinion has a better analysis? Or would you decide the case differently from any of the other judges? Please provide your thoughts, and not just a rehash of the Opinions.