Briefing assignment
You will be responsible for writing briefs for each case listed on the syllabus for a given week. Briefs should be 1-1.5 pages (generally ~ XXXXXXXXXXwords, though length will depend on the complexity of the case), and should demonstrate your understanding of both the specific details of the case as well as the larger constitutional issues at stake. A good brief is an excellent study tool. It forces you to summarize and analyze a complicated case, to isolate the key features, and then to express them in your own words.
TOPIC ASSIGNMENT : SCOTT V. SANFORD
RUBRIC ASSIGNMENT:
Constructing your brief
There is no single set format for briefs, and you are welcome to use whatever method you find to be the most useful. But generally speaking, a brief should be structured along these lines:
1. Issue(s)
What is the central legal question addressed in this case? That is: what constitutional provision is at stake.
2. Facts of the case
A brief summary of the facts that brought the parties to court. This section can be quite brief. Do not spend more than 3-4 sentences here)
3. Holding
What was the decision of the court?
4. Reasoning
What was the basis for the decision? How did the court answer the key question, and what issues were they required to resolve in order to reach their conclusion? How did this decision fit into the existing caselaw (if any) on the subject (i.e. – what precedent did they engage)?
Generally this section should focus on the majority opinion, but if there are important concurring or dissenting opinions, you should cover those as well.
5. Discussion (not always necessary)
What are the larger implications of this decision? What political, social, or economic factors may have contributed to the Court’s approach? Is this decision still regarded as good precedent?