2022 Spring Term (1) Writing for Legal Studies ENG 250 Assignment 1
First Major Writing Assignment Three Case Briefs based on Exercises 3A, 3B, & 3C in your Dernbach Text Class, your first major writing assignment includes three short ("mini") case briefs based on the short cases that are included in Dernbach, Ch. 3, Exercises 3A, 3B, and 3C. You’ll find them at the very end of Chapter 3 in all editions of the textbook. (Note: even if you haven’t yet purchased the textbook, you have access to this material as I have posted Dernbach Ch. 3 (in two parts) under the ‘Course Materials’ tab on Blackboard.) Here are the Subheadings which MUST be used in your case briefs: 1. NAME OF CASE 2. FACTS (only material facts that related to the Rule of Law, Issue & Holding [see below]) 3. PROCEDURAL HISTORY (i.e., which party prevailed in the trial court and lower appellate court) 4. RULE OF LAW (the law or legal principles that the Court starts with or looks to as it fashion a new legal principle (the Holding -- see below) 5. ISSUE (I teach you to write it in the form of a yes/no question, but there are other ways to write this as discussed in Ch. 3 of the Dernbach text) 6. HOLDING (the response to the issue question [when written as a yes/no question, as I teach you] .... this is the new legal principle -- what will become a "precedent' in the future -- that is established through the publication of the decision, so it's always the most important part of any case brief.) 7. REASONING/RATIONALE (used by the court to explain why it holds as it does, meaning, why it is necessary to come up with a new legal principle. Warning: sometimes Courts leave this out because they think the reason ‘why’ they hold as they do is obvious.) 8. JUDGMENT/DISPOSITON (usually a one-word verb such as "Reversed" or "Affirmed," e.g., The judgment of the court of appeals is reversed and the case is remanded to the trial court for further proceedings.)
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