Montejo v. Louisiana

Case Brief Assignment

75-point assignment

“A case “brief” is a summary of a case decided by a court…it is taken from a lengthier course decision and designed for simplicity and focus” (Carmen, Ritter, & Witt, 2008, p. iii). In other words, a case brief is a condensed, concise outline of a court opinion. It summarizes a court opinion so that key elements as well as the essence of the court’s opinion are included.


USED:

More to read: Commercial law case brief


For more efficient self-study
To present the case to others
{It’s easier and simpler than re-reading a 50-100-page long case every time you want to refresh your memory about the case}

For this course, we will divide the case briefs into six sections which include the following (see Moodle for available PDF example):


CAPSULE: a review of the findings of the Court including the constitutional issue; explains the type of case that will be briefed; a shorter version of the HOLDING


FACTS: a presentation of the circumstances of the event that led to the court case; explains the key facts of the case (who, what, when where, how, and why)


ISSUE: a presentation of the particular legal (constitutional) issue at hand; will always been in a question format with a YES or NO response


HOLDING or SUPREME COURT DECISION: statement(s) that affirm the constitutional issue with the court’s decision implied; the most important part of a court decision


REASON: usually the longest part of the case brief; includes the logic behind the Court’s stance on the issue at hand; can include direct wording from the Court’s written decision


CASE SIGNIFICANCE: an explanation of the consequences of the ruling and how procedures will change

Also read: Employment Law Case Brief


Note:


You may see differently named sections of case briefs included in other resources. For the purpose of this course, we will use the above sections. Basically, the sections are all the same, just either labeled differently or have an extra section here or there.


Directions for Course Assignment 1:


Step 1: Reviewing the information above as well as the PDF entitled “Court Brief Examples.”


Step 2: Select one of the following court cases:
Kennedy v. Louisiana, 554 U.S. 407 (2008)
Montejo v. Louisiana, 556 U.S. 778 (2009)
Snyder v. Louisiana, 552 U.S. 472 (2008)
Tague v. Louisiana, 444 U.S. 469 (1980)
Taylor v. Louisiana, 419 U.S. 522 (1975)
Step 3: Locate the court case using the internet. A few reliable websites include: justia.com;
law.cornell.edu; scotusblog.com.


Step 4: Read through the case taking notes and remembering those sections (e.g. Issue, Holding, Reason, etc.) that are expected to be completed for this assignment.


Step 5: Prepare a case brief using the sections listed above. Ensure to properly utilize in-text citations if needed, especially for direct quotes. This assignment will be submitted through TurnItIn.com,
so proper citations need to be utilized or work will be considered plagiarized.


ASSIGNED: Monday, January 30 at 12:00 p.m.


DUE: Saturday, February 3, at 11:55 p.m. CST


See the next page for the grading rubric for this exercise.

 

Student’s
Submission
Description Allotted Points Point Allotment—75 points TOTAL
Mechanics Work should
have no
mechanical
errors in
spelling,
grammar,
capitalization,
or punctuation
20 Work has 12 or more
mechanical errors in
spelling, grammar,
capitalization, or
punctuation
0 points
Work has 6-11
mechanical errors in
spelling, grammar,
capitalization, or
punctuation
6 points
Work has 1-5 mechanical
errors in spelling,
grammar, capitalization, or
punctuation
15 points
Work has NO mechanical
errors in spelling,
grammar, capitalization,
or punctuation
20 points
Organization Work/Ideas
should be
organized,
reader
friendly,
paragraphs &
spacing
properly
utilized; work
reflective of
assignment’s
instructions;
proper format
15 Fails to organize ideas; not
reader-friendly; no effort to
use paragraphs or spacing;
‘1-big paragraph syndrome’
throughout; did not follow
directions; format incorrect
0 points
Very little effort to
organize ideas; barely
reader-friendly; suffering
from many of the effects
of the ‘1-big paragraph’
syndrome; somewhat
followed directions;
format somewhat correct
4 points
Sound effort to organize
ideas & writing; sort of
reader-friendly; presence
of some of the effects of
the ‘1-big paragraph’
syndrome; almost
followed directions
precisely; format nearly
perfect
9 points
Establishes precise ideas/
organization; reader
friendly; separated by
paragraphs & spacing
where needed; precisely
followed directions;
format perfect
15 points
Length Work should
meet the
minimum work
requirement
20 Does not meet the 500-word
minimum requirement
0 points
Meets the 500-word
minimum requirement
20 points
Content Work has
clear, logical
reasoning;
flows
smoothly from
one idea to the
next;
transitions of
subject matter
make sense;
proper court
case titles &
citations of
case direct
wording
20 Content does not have clear,
logical reasoning; does not
flow smoothly from one idea
to another; transitions of
subject matter do not make
sense at all; no in-text
citation; NO documentation
of court case titles & cites
for direct wording
0 points
Content is hardly clear &
logical in reasoning;
rarely flows smoothly
from one idea to another;
transitions of subject
matter occasionally make
sense; poor
documentation of court
case titles & direct
wording
6 points
Content has somewhat of
a clear, logical reasoning;
seemingly flows smoothly
from one idea to another;
transitions of subject
matter are tolerable;
adequate documentation
of court case titles &
direct wording
15 points
Content has clear, logical
reasoning; flows
smoothly from one idea to
next; transitions of
subject matter make
sense; proper
documentation of court
case title & material
20 points

 

Last Updated on September 10, 2020 by Essay Pro