case briefs
What are the components of a case brief?
issue, facts, rule, application, conclusion
may include concurring and dissenting
what is a memo?
A written document analyzing a legal issue
Objective (not persuasive like arguments)
Used by lawyers to advise clients or supervisors
what is the issue of brown v. board of education
Is it constitutional to keep Black and white students in separate schools, even if the schools are supposedly equal? or
Whether racial segregation in public schools violates the Equal Protection Clause of the 14th Amendment.
what is the structure?
Heading
Question Presented
Brief Answer
Facts
Discussion (IRAC)
Conclusion
what is a rule?
Law applied - Statute, precedent, or principle
legal authority
Legal authority is any source of law that courts use to decide cases.
found in constitution, statutes, court cases
What part of a case brief would this fit into?
In Miranda v. Arizona, a man was questioned by police for hours and confessed without being told he had the right to remain silent or have an attorney.
True or False
IRAC used in case memos
True
what is a concurring opinion and what is a dissenting opinion
A concurring opinion is when a judge agrees with the final decision of the court, but for a different reason
A dissenting opinion is when a judge disagrees with the majority decision.
What is case memo used for?
A case memo is used to analyze a legal issue and explain the answer clearly using the law.