BL-A-How to Brief Cases and Analyze Case Problems

BL-A-How to Brief Cases and Analyze Case Problems - Print...

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How to Brief Cases and Analyze Case Problems A-1 How to Brief Cases A-2 An Example of a Briefed Sample Court Case A-3 Review of Sample Court Case A-4 Analyzing Case Problems A-5 Understand the Facts A-6 Legal Analysis and Reasoning Appendix Recap Page 1 of 7 Print Chapter 2010-8-30 http://atext.aplia.com/controller/ChapterPrint.aspx?isbn=0324655223&mod=0&ch=A...
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A-1 How to Brief Cases To fully understand the law with respect to business, you need to be able to read and understand court decisions. To make this task easier, you can use a method of case analysis that is called briefing. There is a fairly standard procedure that you can follow when you "brief" any court case. You must first read the case opinion carefully. When you feel you understand the case, you can prepare a brief of it. Although the format of the brief may vary, typically it will present the essentials of the case under headings such as those listed below. Citation. Give the full citation for the case, including the name of the case, the date it was decided, and the court that decided it. 1. Facts. Briefly indicate (a) the reasons for the lawsuit; (b) the identity and arguments of the plaintiff(s) and defendant(s), respectively; and (c) the lower court's decision–if appropriate. 2. Issue. Concisely phrase, in the form of a question, the essential issue before the court. (If more than one issue is involved, you may have two–or even more–questions here.) 3. Decision. Indicate here–with a "yes" or "no," if possible–the court's answer to the question (or questions) in the Issue section above. 4. Reason. Summarize as briefly as possible the reasons given by the court for its decision (or decisions) and the case or statutory law relied on by the court in arriving at its decision. 5. Page 2 of 7 Print Chapter 2010-8-30 http://atext.aplia.com/controller/ChapterPrint.aspx?isbn=0324655223&mod=0&ch=A...
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A-2 An Example of a Briefed Sample Court Case MORSE v. FREDERICK. Supreme Court of the United States, 2007. __ U.S. __, 127 S.Ct. 2618, 168 L.Ed.2d 290. As an example of the format used in briefing cases, we present here a briefed version of the sample court case that was presented in Chapter 1 in Exhibit 1–6. FACTS On January 24, 2002, the Olympic Torch Relay passed through Juneau, Alaska, on its way to the winter games in Salt Lake City, Utah. Deborah Morse, the principal of Juneau-Douglas High School (JDHS), permitted the students to leave class to observe the relay as it passed in front of the school. Teachers and administrative officials monitored the students' actions. As the torchbearers and camera crews passed, Joseph Frederick, a senior, and his friends unfurled a banner bearing the phrase "BONG HiTS 4 JESUS." Morse immediately crossed the street and demanded that the banner be taken down. Everyone but Frederick complied. Morse confiscated the banner and suspended Frederick for ten days. The Juneau School District Board of Education upheld the suspension. Frederick filed a suit in a federal district court against Morse and others, alleging that the school board and Morse had violated his rights under the First Amendment to the U.S.
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