How_to_brief_a_case - Students, I think if I show you a...

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Students, I think if I show you a specific, annotated format for briefing cases, it will help you more completely digest the crucial aspects to the cases you brief. I recommend that you set up your brief in the following manner. Case Name Case citation, (year) 1. Facts If there is a law being challenged in the case, briefly state what the law says. If there is some individual doing something, or some government official or government body doing something, briefly state what is being done that is creating the problem in the case. If the case states it, restate what each party in the case doesn’t like about what the other party doing. If you can find out how lower courts were deciding the case, disclose this in the facts. 2. Issue Include the level of government, national or state. Try to include a concise statement of what the law that is being challenged says, or the activity of the government is. Finally include what provision of the constitution is at issue. Remember, try to boil down the complexities of the case issue into something that is simply stated as a yes or no question. Examples May states prohibit the publication of malicious, scandalous and defamatory printed material without violating the free press provisions of the first amendment, as incorporated into the due process clause of the fourteenth amendment. Note:
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This note was uploaded on 09/08/2010 for the course POLS 121A at San Jose State University .

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How_to_brief_a_case - Students, I think if I show you a...

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