Posted: September 20th, 2023
BRIEF FORMAT
Your name
Professor Neumark
Date
NAME OF CASE
Facts: Relevant facts of case. This section should be between 5 and 7 sentences.
Issue: The question presented by the case.
Holding: For which party did the court rule?
Rule of Law: One sentence that states the general principle of law, i.e., “Accountants are not liable to third parties if they were unaware of the existence of a business relationship.” OR “The police are prohibited from conducting warrantless searches of your home.” The Rule of Law should not be phrased in terms of the parties to a particular case.
DO NOT DO THIS: “The South Orange Police had no right to search Mark Smith’s home for drugs, therefore, the court ruled in favor of Mr. Smith.” This type of statement is appropriate for the “Holding” section of the Brief.
Reasoning: From where did the court derive its reasoning? Another case, the U.S. Constitution, general information of a reasonably prudent person? This section should be between 5 -6 sentences.
Opinion: An analysis of the judge’s decision and a consideration of how it might comport to principles of Catholic Social Teaching
BRIEFS MUST BE SUBMITTED ON THE DATE ASSIGNED FOR A FULL GRADE. GENERALLY, THEY SHOULD BE ONE-PAGE AND TYPE-WRITTEN. Be careful (especially in the “Facts” section) not to plagiarize the case from the textbook. Paraphrase and condense in your own style. Spelling and grammar count. Any deviation from the above format will result in a lower grade. Proofread your work!
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