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I have attached the three cases to be briefed and the instuction on how to brief each case. There is no lenght for each cash as long as each case has the correct information from the directions....

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I have attached the three cases to be briefed and the instuction on how to brief each case. There is no lenght for each cash as long as each case has the correct information from the directions.
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These are the three cases that need to be briefed and the directions to how to brief them: Indian Towing v. U.S. Schware v. Board of Bar Examiners Perry v. Sindermann Every case that you read will be composed of five components.   They are: Facts; Procedural history; Issue; Holding; Rationale.   A “brief” of the case is nothing more than a summary of each of those five components.   In law school, I was taught a technique called “technicoloring” a case. My civil procedure professor had been teaching that technique for the 60 years (yes …60 years) he had been teaching law. I still use it today whenever I read a case.   Remember that every case you read  has 5 components or parts. When you Technicolor, you assign a different color of highlighter or pen (those multi-color pens work great) to each different component of the case as you read it.   I used green to highlight the facts, and red for the procedural history; blue for the issue; black for the holding and blue again for the rationale. (Our pens only had four colors, so we had to improvise) Color coding the components allow you to find them quickly when writing your brief or discussing the case with your attorney.   Cases are not written for entertainment, and therefore, reading a case is different from reading a novel or magazine article. When reading a case you are concerned with how, if at all, that case applies to the facts of your case. To reach that conclusion entails analysis of each of those five components, so that is where your focus should be when reading the case. Find each of them, read each section carefully, then underline the important language and then refer back to those sections of the case when called upon to write your brief. Note that the same 5 components of the case make up the five topics discussed in your brief.   Facts:   The facts are a synopsis of the essential facts of the case, i.e., those facts bearing upon or leading up to the issue, in a logical sequence. This should...

Answered Same Day Dec 21, 2021

Solution

David answered on Dec 21 2021
127 Votes
Brief Fact Summary 1
Pe
y v. Sindermann
Facts: State of Texas didn’t have formal tenure’s system in the place, and did have official
Faculty’s Guide, which Respondent had claimed established de-facto tenure’s system. The
espondent had claimed the legitimate reliance that the employments for 7 years or above at
his specific college created few forms of tenure, which wasn’t less property interest than the
formal tenure’s system at the other university. District Court had granted the summary
judgment against the Respondent.
Procedural history: Respondent Robert Sindermann had taught for the 10 years at in state’s
college system in the Texas under series of contract. After the disagreement with college
administrations, last 1 year contract of Respondent wasn’t renewed without the opportunity
for hearing. The respondent
ought such action in the Federal District Court, by alleging that
failure for affording him hearing violated his 14
th
Amendment guarantee of the procedural
due processes.
Issue: Did lack of tenures or contractual rights to the reemployment of Respondent, taken
alone defeat the claim that the non-renewal violated 1
st
as well as 14
th
Amendment right? Did
the respondent have de-facto tenure, enough for affording him the procedural due processes?
Holding: Grant of the summary judgment against the Respondent had been improper.
Teacher as Respondent has held his positions for several years could be able for showing
from situations of his service & the other relevant facts, which he has legitimate claims of
entitlements to the job tenure.
The proof of this property interest could obligate the college official for granting him hearing
on his request where he might be informed of ground for non-retention as well as challenge
the sufficiency.
Rationale: The interest of a person in the benefit is property interest for the due process
purpose, when there have been rule or mutual explicit understanding, which supports the
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Brief Fact Summary 2
claim of entitlements to benefit & that he can invoke at the hearing. However, Texas college
system has no formal tenure’s program, this is standard practices as well as guidelines,
coupled with length of the employment of Respondent, had enough that entitlement might be
found to the...
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