Each brief should contain the following four parts: 1) facts, 2) issue, 3) holding, and 4) analysis, with each section having a heading identifying it (see below). Each brief should discuss both the majority and dissenting opinions (if there is one) and be approximately two typewritten, double-spaced pages. Please use proper grammar, punctuation, and spelling. Do not simply cut and paste from the case. Summarize the case in your own words. If you do quote from the case use quotation marks for the quote. A case and sample brief of the case are posted on Canvas. Do not redo the example.
Briefs not prepared in the proper format will not receive credit
. The first brief is due February 11th by 11:59 p.m. You must complete the first brief by the deadline if you want any extra credit. Any additional briefs are due February 24th by 11:59 p.m. in the Canvas dropbox for briefs.
There will be no extensions of time. Preparing for the final should be your first priority.
Briefs may not be delivered by e mail. You must work independently on your briefs. Failure to work independently on the briefs will be considered academic misconduct. Each brief must include your name, course number, and start time of class. Any deviation from the proper format will result in no points. Extra credit points cannot raise your grade above a B+.
Each brief should be in a separate Word document. When you upload briefs to Canvas, whatever you previously uploaded gets replaced so you have to include the first uploaded briefs in the second upload.
The following explains each part of the brief:
Facts: Pinpoint the determinative facts of a case, i.e., those that make a difference in the outcome. Your goal here is to be able to tell the story of the case without missing any pertinent information but also not including too many extraneous facts either. Make sure you have clearly marked the parties’ names and positions in the case (Plaintiff/Defendant or Appellee/Appellant).
Issue: Formulate the main issue or issues in the case in the form of questions, preferably with a yes or no answer, which will help you more clearly state the holding in the next section of the case brief. Some of the cases have multiple issues. You do not need to discuss issues related to evidence or procedural errors. You can focus on issues related to the material we have covered or will be covering in class. The issue should state the substantive issue and not say something like: “whether the trial erred in granting summary judgment.”
Holding: The holding should directly respond to the question or questions in the Issue. It should not simply say the trial court was affirmed or reversed.
Analysis: This is the most important part of your brief as it describes why the court ruled the way it did. This part of your brief traces the court’s reasoning step by step, so be sure that you record it without gaps in logic.
FAILURE TO FOLLOW THE ABOVE RULES WILL RESULT IN NO CREDIT
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