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1-2 Pages double space Case Brief Project Case Brief Project Complete the following course project, which consists of researching a case and writing a critical
1-2 Pages double space
Case Brief Project
- Case Brief Project
- Complete the following course project, which consists of researching a case and writing a critical case brief after reading and analyzing the judicial opinion associated with the case.
- Research one case that theU.S. Supreme Courtorthe California Supreme Court(not a trial court or an intermediate court of appeal or a court in another state/country) has written a decision on(preferably within the last 5 years, although older cases may be selected if of a particular interest, which must be explained in the case brief)
- The case brief should have a case citation (parties involved and year of decision), brief facts (only the most important facts that the court relied on), issue(s) (the question(s) to be resolved by the court), holding/rule of law (the precedent established by the case, which is the court's answer(s) to the issue(s)), reasoning/rationale (why the court ruled as it did), other opinions (e.g., dissent and/or concurring opinions, if any), and your own brief analysis (e.g., why you agree with the court or not).
- Thus, answer the following questions while preparing a case brief:
- Case:What was the name of the case? Please include a link to the case and the year of the case as well.Do not select a case that was determined to be moot, that was an automatic death penalty appeal, or that did not otherwise involve a substantive opinion with value as precedence under the doctrine of stare decisis.
- Parties:Who were the parties?
- Facts:Briefly discuss the type of case it is (e.g., civil, criminal) and what the facts of the case were that were relied upon in the decision made by the Court (the dispositive facts only).This should not be the bulk of a case brief, and there will be plenty of unimportant facts left out.Make sure that the facts included are important to understanding why the court held as it did, which will help compare this case to other cases (an important skill in our common law system of precedence under the doctrine of stare decisis).
- Issue:What was the issue to be decided by the court? This is best phrased as a question or questions that the Court answered.
- Holding/Reasoning & Rationale:What was the holding (the decision of the court that answered the issue(s)) and what was the court's rationale or reasoning for the holding? What rules of law were mentioned?
- Other Opinions:Were there any dissenting or concurring opinions of note?If so, summarize.
- Analysis:Do you agree with the majority opinion or any dissenting or concurring opinion? Why or why not?
- Discussion:Why did you select this case? Why do you think the Court chose to hear this particular case that you chose, given the large number of writs of certiorari the Court receives each term?
- Every year the court has a large number of writs of certiorari received each term. Remember, neither the California nor the U.S. Supreme Court has to hear every case brought before it.Having a case decided by these courts is a privilege, not a right.
- Use headings to designate the applicable areas of the case brief (e.g., (e.g., "Facts," "Issue," "Holding," "Reasoning/Rationale," "Analysis," "Discussion").
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