Graded Homework

MBA535:
Case Brief Guidelines and Rubric

How and Why to Brief a Law
Case

Purpose

The
purpose of reading in the practice of law is different from the purpose of
reading in many other disciplines. In law, you read not just to familiarize
yourself with someone else’s ideas but to be able to use the 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 of material so you can find what
you need. Underlining does not accomplish this goal either.

Assignment

You will complete two Case
Briefs as follows and submit each to the Dropbox no later than Sunday
11:59 PM EST/EDTof the module in which it is due. (Each Dropbox basket is
linked toTurnitin.)

Details for each Case Brief
are located within Modules 4 and 8.

Instructions

Every 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 but the 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 futurereference
   and citation. An example would be as follows: State v. Holloran,
   140 NH 563 (1995). Refer to Bluebook to determine the correct name for the
   case.

1. Pincites:Include pinpoint cites
   (cites to a particular page in the case) throughout thecase brief
   so you can find material again quickly within a case.

1. Procedural
   History:What
   happened to the case before it arrived in this court? If it is anappellate
   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.

1. Facts:Include only the facts
   that were relevant to the court’s decision. You are unlikelyto
   know what these are until you have read the entire opinion. Many cases may
   include procedural facts that are relevant to the decision in addition to
   the facts that happened before litigation.

1. Issue:
   The
   particular question the court had to decide in this case. It usually
   includesspecific facts as well as a legal question. It may be
   expressed or implied in the decision. Cases may have more than one issue.

6.
Holding/Decision:
The legal
answer to the issue. If the issue is clearly written, then theholding
can be expressed as “yes” or “no.” (Be careful not to confuse the holding with
implicit reasoning. See # 8 below.)

7.
Rule:
The
general legal principle(s) relevant to the particular factual situation
presentedin the case.

8.
Reasoning:
The
logical steps the court takes to arrive at the holding. It can bestraightforward
and obvious, or you may have to extrapolate it from the holding. Some reasoning
is based on social policy, which tells you why the holding is socially
desirable. Understanding the reasoning behind a decision is essential.

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 mayhelp you better
understand some information about the legal reasoning in the case. Not all
cases have a dissent or concurrence, while some may have more than one.

11.
Comments:
Include
your own responses to the case here. For example, does thereasoning
make sense? Is the holding consistent with other cases you have read? Is the
case relevant to the question you are trying to answer? This is a good place to
note connections between the case you are briefing and other cases you have
read.

Grading Rubric

			Scoring Ratings
	Missing	Insufficient	Basic	Proficient	Exceptional
	(Criterion is	(does not	(works towards	(meets	(exceeds
Criteria	missing or not	meet	meeting	expectations;	expectations;
in evidence)	expectations;	expectations;	performance	performance is
		performance is	performance	is	outstanding)
		substandard)	needs	satisfactory)
			improvement)
Organization,
formulation, logic,	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
and identification of
all topics
Synthesis, Analysis,	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
and Comprehension
Grammar, Word
Choice, and	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
Terminology
Proper use of the APA	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
formatting style

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
deem necessary whether or not they are included in the sample below.

Name

Luke Records, Inc. v. Navarro, 960 F.2d 134 (11th Cir.
1992)

Procedural History

Appealed from the trial court
decision.

Facts

Luke 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. was a 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 the initial 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 retail sale. 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 sheriff
to 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.

Issue

Is this music obscene under Florida
state law and/or federal Constitution?

Holding/Decision

No

Rule Obscenity

Obscenity 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.

c)
Whether
the work, taken as a whole, lacks serious literary, artistic, political, or
scientific value.

Reasoning

The 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 the music 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 made no 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.

Comments

Case
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.