Read the two Supreme Court opinions Wisconsin v. Yoder (1972) and EDD of Oregon v. Smith (1990).

Draft a case brief for each of these opinions following the case briefing format

sample case brief

Facts:

Facts should detail what occurred to cause the case to reach the court & any disposition at the trial level

Issue:

Indicate the narrow question that the court must answer in order to decide the case. (i.e. not False Imprisonment, but instead whether a small opening in a barn wall constituted a reasonable means of escape)

Rule:

This may be the legal rule that the Court bases their rationale upon it may also be the legal rule that the court creates or expands after developing their analysis on the issue. This is sometimes also referred to as the "Holding" of the case.

Analysis

This section refers to the Court's analysis, what is the rationale that the court develops or uses to support their holding in the case. This is not a place for a personal evaluation of whether you agree or disagree with the outcome of the case.

Conclusion

What the court concluded. (i.e. reversed, affirmed, remanded, etc.)

Evaluation

This is the area where the student can provide their analysis or evaluation of the Court's holding and rationale. See the Briefing Cases lecture slides for the four primary questions your evaluation should address.

Be sure to include your evaluation of the court's opinion and any concurring or dissenting opinions that you believe have value and relevance.