SAINT LEO GBA335 CASE BRIEF 2
Question # 00078701
Posted By:
Updated on: 06/29/2015 01:11 PM Due on: 06/30/2015
GBA 335 Case Brief 2 Guidelines and Rubric
How and Why to Brief a Law CaseProf. Joseph Little, Jr., Saint Leo University
PurposeThe purpose of reading in the practice of law is different from the purpose of reading in many otherdisciplines. In law, you read not just to familiarize yourself with someone else’s ideas but to be able to usethe information to answer a question. This requires understanding judicial opinions in depth and being able to use the information in a number of cases to formulate an answer to a new question. Therefore,passively reading cases is not sufficient; you must deconstruct the opinion into its component parts and state those components in your own words and in an easily accessible format. Then the information is at hand for you to apply to a new set of facts.
Briefing a case requires you to put the material into your own words. To do this, you have to understand it. Underlining text does not require you to understand it. Moreover, briefing a case reduces the volume ofmaterial so you can find what you need. Underlining does not accomplish this goal either.
AssignmentYou will complete a brief on the following case and submit it to the Dropbox no later than Sunday 11:59 PM EST/EDT of Module 8:
Jakubowicz v. Dittemore, (W.D. MO.2006)
InstructionsEvery lawyer briefs cases differently. A case brief generally consists of a series of topic headings with the specific information from the case under each heading. Most case briefs contain similar information butthe headings and their sequence may be different. Some professors have a preferred briefing format. You are only required to follow the general format as set forth below.
The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach, et al., 2007).
1. Case name: Include the full citation, including the date of the opinion, for future reference and citation. An example would be as follows: State v. Holloran, 140 NH 563 (1995). Refer to Bluebook todetermine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the case brief so you can find material again quickly within a case.
3.Procedural History: What happened to the case before it arrived in this court? If it is an appellate case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g.,jury verdict, summary judgment). You may need to look up procedural phrases with which you are unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely to know what these are until you have read the entire opinion. Many cases may include procedural facts that arerelevant to the decision in addition to the facts that happened before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes specific facts as well as a legal question. It may be expressed or implied in the decision. Cases may have more thanone issue.
Holding/Decision6.: The legal answer to the issue. If the issue is clearly written, then the holding can be expressed as “yes” or “no.” (Be careful not to confuse the holding with implicit reasoning. See # 8below.)
7. Rule: The general legal principle(s) relevant to the particular factual situation presented in the case.
8. Reasoning: The logical steps the court takes to arrive at the holding. It can be straightforward and obvious, or you may have to extrapolate it from the holding. Some reasoning is based on socialpolicy, which tells you why the holding is socially desirable. Understanding the reasoning behind a decision is essential.
Additionally, considering the Saint Leo University core value of integrity, specifically comment on whether voluntarily agreeing to submit to a non-mandatory drug test constitutes an opportunity to demonstrate personal integrity or whether asserting the right to refuse to submit to a drug test mightalso constitute a demonstration of integrity. Provide rationale for your position.
9. Disposition: A statement of what the court actually did in the case (affirmed, overruled, etc.)
10. Dissent/Concurrence: Although this part of the opinion is not considered law, it may help you better understand some information about the legal reasoning in the case. Not all cases have a dissent orconcurrence, while some may have more than one.
11. Comments: Include your own responses to the case here. For example, does the reasoning make sense? Is the holding consistent with other cases you have read? Is the case relevant to the questionyou are trying to answer? This is a good place to note connections between the case you are briefing and other cases you have read.
Sample Case Brief Remember, most case briefs contain similar information but the headings and their sequence may be different than what is outlined above. You should include in your brief all elements that you deemnecessary whether or not they are included in the sample below.
NameLuke Records, Inc. v. Navarro, 960 F.2d 134 (11th Cir. 1992)
Procedural HistoryAppealed from the trial court decision.
FactsLuke Records, Inc., a recording label, held a contract with the musical group 2 Live Crew. This group was well known in the genre of "Rap" music, which has repeatedly been accused of incorporating"obscene" lyrics into the music. Obscene, in this sense, pertains only to the legal definition of obscenity, not what any particular person or moral code may deem obscene. Luke Records, Inc. wasa Florida Corporation and Nick Navarro was the sheriff of Broward County at the time. The sheriff obtained an ex-parte injunction (this means an injunction without both parties being present at theinitial hearing) granting the sheriff an injunction (a court order to "stop" doing a particular act). This injunction was served on local record stores in an effort to have the music removed from Florida retailsale. After the local Florida Circuit Court in Broward County issued the injunction, the decision was appealed to the United States District Court for Southern Florida where the Court ordered the sheriffto stop enforcing the injunction, but did, in fact, rule that the music was obscene, especially the song "As Nasty As They Wanna Be." The sheriff appealed the case to the United States Court of Appeals, 11th Circuit, in Atlanta.
IssueIs this music obscene under Florida state law and/or federal Constitution?
Holding/Decision No
RuleObscenity must meet three part rule. Based on Supreme Court case Miller v. CA. All three parts must be met:(a) whether “the average person, applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest;(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
ReasoningThe burden of proof could be clear and convincing or preponderance of the evidence test: however, at the time the sheriff was granted the music, he offered nothing into evidence except a tape of themusic played before the court. There was no additional evidence presented that showed an average person applying contemporary community standards would find the song appealing only to a prurient interest. Further, the sheriff failed to prove part (b) and (c) of the test as well simply because he madeno attempt to enter any other testimony or evidence into consideration before the court. The sheriff failed to meet his burden, although it is well possible that had he submitted all evidence as required,he could possibly have met the test.
CommentsCase really determined by the sheriff's failure of proof. No discussion of nature of music. No discussion of rule. No proper evidence submitted to the court.
WestLawTo complete the assignment, you will need to first locate the case in the WestLaw database through the Saint Leo University Online Library. Follow the steps below and contact the university library directly if youhave any technical difficulty (see the syllabus for contact info). Do not contact the eCollege Help Desk. If you have access to a local law library, feel free to obtain copies of the assigned cases there instead.
1. Log on to the Saint Leo Portal at http://my.saintleo.edu. 2. 3.4.Click Library at the top of My Saint Leo Home page. Click Databases under FIND INFO.A new browser window will open. Click WestLaw from the list of databases (you may need to scroll down). Note: As long as you are logged on to My Saint Leo, you will not need to enter a separatepassword for WestLaw. If you are not logged on to the portal, you will be prompted to logon (use your portal UD and password).Search for the case by etools available, though the simplest may be “Find a document by title” under Shortcuts. This allows you to enter the names of the parties in the case. For example, to search for Brown v. Board ofEducation, you would type "Brown" in the first text box and "Board of Education" in the second text box. ClickThe case documentation willthat you entered the names of the parties correctly. You are encouraged to print a copy of the case to better assist you in completing the assignment.5.ntering the case name as your search terms. You can use any of the searchGo6. 7. after entering the names of the parties.display once the search completes. If the search is unsuccessful, check
Scoring RubricStudents will complete the assignment with attention to the following criteria:
Rating Scale
Exemplary: Proficient:Basic:Novice:Not Attempted: Corresponds to an F (0-59%)
Corresponds to an A- to A (90-100%) Corresponds to a B- to B+ (80-89%)Corresponds toCorresponds to a D to D+ (60-69%)
a C- to C+ (70-79%)CriteriaNot Attempted (Criterion ismissing or not in evidence)
0-14.99% There was littleor no evidence of proper citation ofthe case and proceduralhistory.Novice (does not meetexpectations; performance issubstandard)
15-17.49% Case citation andprocedural history is evident, but thecitations areincorrect asform, spelling, numeric correctness or theessential procedural historyof the case is incomplete.The case brief is entirely too short.
Basic (works towardsmeeting expectations;performance needs improvement)17.5-19.99% The case briefaddressesbut not all, of partsof thehistory, but theprocedural history is out of sequence or difficult todiscern or minor formatting orspelling errors have occurred.The case brief contains a greatProficient (meetsexpectations; performance issatisfactory)
20-22.49% The case briefaddresses allof theprocedural history in full, but same isnot entirely clear or straight-forward.Exemplary (exceedsexpectations; performance isoutstanding)
22.5-25 The case briefcitation and procedural hisare correct andadeaddresses all parts of clearly and in properchronological sequence.
ScoreElementsCase Name Citation andProcedural Historymost,parts citation andtory
tocitation and25%quately
__/25Length Requirements25%There was littleor no evidence of a case brief.
The case brief isjust a little onshort side and/or it meets therequirements only because it containsThe case brief falls within the required lengthrequirements without going overand without straying from themain topic.The case brief is nearly perfect withrespect to grammar, citations,spelling, and style.
thedeal of “fluff” andstill does not meet the lengthrequirement.__/25“fluff” that could usetrimming.The case brief ismostly freeerrors with respect to grammar,citations, spelling, and/or style, butneeimprovement in this area.The case brief exhibits sufficientunderstanding ofthe text and/coursebut someimprovement needed, Sufficientintegration of corevalue
Mechanics of Writing25%Little to no evidence ofproper writing mechanics.
The grammar of the case brief greatlyimpedes understanding ofcontent, and/or the paper contains nocitations.The case brief needs a good dealof improvement with respect togrammar, citations, spelling, and/orstyle.of
__/25
ds someUnderstanding and core valueintegration 25%The case brief exhibits acomplete lack of understanding ofthe text and/or course materials,no integration of core value.The case brief exhibits very littleunderstanding of the text and/orcourse materials, very littleintegration of core value.The case brief exhibits basicunderstanding of the text and/orcourse materials, but needsimprovement in this area, minimallyacceptable integration of core value.The case brief does an excellent jobdemonstrating an accurateunderstanding of the text and/orcourse materials, excellentintegration of corevalueor materials,
__/25..
Total Score: ____/100Comments/Feedback:
How and Why to Brief a Law CaseProf. Joseph Little, Jr., Saint Leo University
PurposeThe purpose of reading in the practice of law is different from the purpose of reading in many otherdisciplines. In law, you read not just to familiarize yourself with someone else’s ideas but to be able to usethe information to answer a question. This requires understanding judicial opinions in depth and being able to use the information in a number of cases to formulate an answer to a new question. Therefore,passively reading cases is not sufficient; you must deconstruct the opinion into its component parts and state those components in your own words and in an easily accessible format. Then the information is at hand for you to apply to a new set of facts.
Briefing a case requires you to put the material into your own words. To do this, you have to understand it. Underlining text does not require you to understand it. Moreover, briefing a case reduces the volume ofmaterial so you can find what you need. Underlining does not accomplish this goal either.
AssignmentYou will complete a brief on the following case and submit it to the Dropbox no later than Sunday 11:59 PM EST/EDT of Module 8:
Jakubowicz v. Dittemore, (W.D. MO.2006)
InstructionsEvery lawyer briefs cases differently. A case brief generally consists of a series of topic headings with the specific information from the case under each heading. Most case briefs contain similar information butthe headings and their sequence may be different. Some professors have a preferred briefing format. You are only required to follow the general format as set forth below.
The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach, et al., 2007).
1. Case name: Include the full citation, including the date of the opinion, for future reference and citation. An example would be as follows: State v. Holloran, 140 NH 563 (1995). Refer to Bluebook todetermine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the case brief so you can find material again quickly within a case.
3.Procedural History: What happened to the case before it arrived in this court? If it is an appellate case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g.,jury verdict, summary judgment). You may need to look up procedural phrases with which you are unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely to know what these are until you have read the entire opinion. Many cases may include procedural facts that arerelevant to the decision in addition to the facts that happened before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes specific facts as well as a legal question. It may be expressed or implied in the decision. Cases may have more thanone issue.
Holding/Decision6.: The legal answer to the issue. If the issue is clearly written, then the holding can be expressed as “yes” or “no.” (Be careful not to confuse the holding with implicit reasoning. See # 8below.)
7. Rule: The general legal principle(s) relevant to the particular factual situation presented in the case.
8. Reasoning: The logical steps the court takes to arrive at the holding. It can be straightforward and obvious, or you may have to extrapolate it from the holding. Some reasoning is based on socialpolicy, which tells you why the holding is socially desirable. Understanding the reasoning behind a decision is essential.
Additionally, considering the Saint Leo University core value of integrity, specifically comment on whether voluntarily agreeing to submit to a non-mandatory drug test constitutes an opportunity to demonstrate personal integrity or whether asserting the right to refuse to submit to a drug test mightalso constitute a demonstration of integrity. Provide rationale for your position.
9. Disposition: A statement of what the court actually did in the case (affirmed, overruled, etc.)
10. Dissent/Concurrence: Although this part of the opinion is not considered law, it may help you better understand some information about the legal reasoning in the case. Not all cases have a dissent orconcurrence, while some may have more than one.
11. Comments: Include your own responses to the case here. For example, does the reasoning make sense? Is the holding consistent with other cases you have read? Is the case relevant to the questionyou are trying to answer? This is a good place to note connections between the case you are briefing and other cases you have read.
Sample Case Brief Remember, most case briefs contain similar information but the headings and their sequence may be different than what is outlined above. You should include in your brief all elements that you deemnecessary whether or not they are included in the sample below.
NameLuke Records, Inc. v. Navarro, 960 F.2d 134 (11th Cir. 1992)
Procedural HistoryAppealed from the trial court decision.
FactsLuke Records, Inc., a recording label, held a contract with the musical group 2 Live Crew. This group was well known in the genre of "Rap" music, which has repeatedly been accused of incorporating"obscene" lyrics into the music. Obscene, in this sense, pertains only to the legal definition of obscenity, not what any particular person or moral code may deem obscene. Luke Records, Inc. wasa Florida Corporation and Nick Navarro was the sheriff of Broward County at the time. The sheriff obtained an ex-parte injunction (this means an injunction without both parties being present at theinitial hearing) granting the sheriff an injunction (a court order to "stop" doing a particular act). This injunction was served on local record stores in an effort to have the music removed from Florida retailsale. After the local Florida Circuit Court in Broward County issued the injunction, the decision was appealed to the United States District Court for Southern Florida where the Court ordered the sheriffto stop enforcing the injunction, but did, in fact, rule that the music was obscene, especially the song "As Nasty As They Wanna Be." The sheriff appealed the case to the United States Court of Appeals, 11th Circuit, in Atlanta.
IssueIs this music obscene under Florida state law and/or federal Constitution?
Holding/Decision No
RuleObscenity must meet three part rule. Based on Supreme Court case Miller v. CA. All three parts must be met:(a) whether “the average person, applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest;(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
ReasoningThe burden of proof could be clear and convincing or preponderance of the evidence test: however, at the time the sheriff was granted the music, he offered nothing into evidence except a tape of themusic played before the court. There was no additional evidence presented that showed an average person applying contemporary community standards would find the song appealing only to a prurient interest. Further, the sheriff failed to prove part (b) and (c) of the test as well simply because he madeno attempt to enter any other testimony or evidence into consideration before the court. The sheriff failed to meet his burden, although it is well possible that had he submitted all evidence as required,he could possibly have met the test.
CommentsCase really determined by the sheriff's failure of proof. No discussion of nature of music. No discussion of rule. No proper evidence submitted to the court.
WestLawTo complete the assignment, you will need to first locate the case in the WestLaw database through the Saint Leo University Online Library. Follow the steps below and contact the university library directly if youhave any technical difficulty (see the syllabus for contact info). Do not contact the eCollege Help Desk. If you have access to a local law library, feel free to obtain copies of the assigned cases there instead.
1. Log on to the Saint Leo Portal at http://my.saintleo.edu. 2. 3.4.Click Library at the top of My Saint Leo Home page. Click Databases under FIND INFO.A new browser window will open. Click WestLaw from the list of databases (you may need to scroll down). Note: As long as you are logged on to My Saint Leo, you will not need to enter a separatepassword for WestLaw. If you are not logged on to the portal, you will be prompted to logon (use your portal UD and password).Search for the case by etools available, though the simplest may be “Find a document by title” under Shortcuts. This allows you to enter the names of the parties in the case. For example, to search for Brown v. Board ofEducation, you would type "Brown" in the first text box and "Board of Education" in the second text box. ClickThe case documentation willthat you entered the names of the parties correctly. You are encouraged to print a copy of the case to better assist you in completing the assignment.5.ntering the case name as your search terms. You can use any of the searchGo6. 7. after entering the names of the parties.display once the search completes. If the search is unsuccessful, check
Scoring RubricStudents will complete the assignment with attention to the following criteria:
Rating Scale
Exemplary: Proficient:Basic:Novice:Not Attempted: Corresponds to an F (0-59%)
Corresponds to an A- to A (90-100%) Corresponds to a B- to B+ (80-89%)Corresponds toCorresponds to a D to D+ (60-69%)
a C- to C+ (70-79%)CriteriaNot Attempted (Criterion ismissing or not in evidence)
0-14.99% There was littleor no evidence of proper citation ofthe case and proceduralhistory.Novice (does not meetexpectations; performance issubstandard)
15-17.49% Case citation andprocedural history is evident, but thecitations areincorrect asform, spelling, numeric correctness or theessential procedural historyof the case is incomplete.The case brief is entirely too short.
Basic (works towardsmeeting expectations;performance needs improvement)17.5-19.99% The case briefaddressesbut not all, of partsof thehistory, but theprocedural history is out of sequence or difficult todiscern or minor formatting orspelling errors have occurred.The case brief contains a greatProficient (meetsexpectations; performance issatisfactory)
20-22.49% The case briefaddresses allof theprocedural history in full, but same isnot entirely clear or straight-forward.Exemplary (exceedsexpectations; performance isoutstanding)
22.5-25 The case briefcitation and procedural hisare correct andadeaddresses all parts of clearly and in properchronological sequence.
ScoreElementsCase Name Citation andProcedural Historymost,parts citation andtory
tocitation and25%quately
__/25Length Requirements25%There was littleor no evidence of a case brief.
The case brief isjust a little onshort side and/or it meets therequirements only because it containsThe case brief falls within the required lengthrequirements without going overand without straying from themain topic.The case brief is nearly perfect withrespect to grammar, citations,spelling, and style.
thedeal of “fluff” andstill does not meet the lengthrequirement.__/25“fluff” that could usetrimming.The case brief ismostly freeerrors with respect to grammar,citations, spelling, and/or style, butneeimprovement in this area.The case brief exhibits sufficientunderstanding ofthe text and/coursebut someimprovement needed, Sufficientintegration of corevalue
Mechanics of Writing25%Little to no evidence ofproper writing mechanics.
The grammar of the case brief greatlyimpedes understanding ofcontent, and/or the paper contains nocitations.The case brief needs a good dealof improvement with respect togrammar, citations, spelling, and/orstyle.of
__/25
ds someUnderstanding and core valueintegration 25%The case brief exhibits acomplete lack of understanding ofthe text and/or course materials,no integration of core value.The case brief exhibits very littleunderstanding of the text and/orcourse materials, very littleintegration of core value.The case brief exhibits basicunderstanding of the text and/orcourse materials, but needsimprovement in this area, minimallyacceptable integration of core value.The case brief does an excellent jobdemonstrating an accurateunderstanding of the text and/orcourse materials, excellentintegration of corevalueor materials,
__/25..
Total Score: ____/100Comments/Feedback:
-
Rating:
/5
Solution: SAINT LEO GBA335 MODULE 8 CASE BRIEF 2