Case Briefing and Legal Study Assignment
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Case Briefing and Legal Study Tips
To gain the most from this textbook, you should learn how to study written material effectively. You can achieve effective study through use of the SQ3R method, a method widely taught by study-skills psychologists for learning textual material.
SQ3R stands for survey, question, read, recite, and review. As a study method, it has dramatically improved the grade-point averages of most students who have practiced it. It is based upon the concept that active study of written material improves memory and comprehension of information far better than passive reading. Unfortunately, many students have not recognized the difference between active study and mere passive reading.
Students often read a textbook chapter exactly as they would read a novel or a magazine article. They begin with the first sentence of the chapter and read straight through the material, pausing only to under- line occasionally. This way of reading may be suitable for a novel, but it is quite inappropriate for a textbook. Psychologists insist that an active study method must begin with a survey of the material to be read. If you plan to spend two hours studying a 30-page chapter, take three to five minutes in the beginning and survey the chapter. First, read the bold-type section headings (each chapter of this book is divided into numbered sections). Second, read a sentence or two from the text of each section. The purpose of this survey is to famil- iarize you with the topics covered in the chapter. Fight the tendency to stop your surveying process in order to comprehend all of the concepts you are surveying. Comprehension is not the goal of surveying.
Following the survey of all the sections, go back to the beginning of the chapter: Ask yourself a question before reading each section. Ask it aloud, if possible, but silently if circumstances demand. The important thing is actually to “talk to yourself.” Normally, each section heading can easily be turned into a question. If the section heading reads Stare Decisis, ask yourself the question, “What does stare decisis mean?”
Only after asking a question are you finally ready to read a chapter section. In reading keep your ques- tion in mind. By so doing you will be reading for a purpose: To discover the answer to your question.
Upon finishing each section, stop and recite the answer to your question. As an example, at the end of the section on stare decisis say to yourself, “Stare
decisis refers to the legal tradition that a judge in a given case will follow the precedent established in similar cases decided by courts in the jurisdiction.” According to psychologists, to recite this way greatly aids memory. Recitation also lets you know whether or not you have understood the material just read.
The last step of the SQ3R method is review. When devoting two hours to the study of a chapter, take the final 15 minutes of the time to review the material. Review the questions taken from the headings of each chapter section and recite the answers to them, reread- ing material if necessary to answer accurately.
A CASE BRIEFING SYSTEM
Although the SQ3R method may be used effectively to study any subject, the case briefing system is uniquely designed to aid in the study of court decisions. In study- ing law, students frequently write up case briefs of each decision they read. Whether you are required to write up every decision is up to your individual instructor. However, the case briefing system provides an excel- lent framework for comprehending complicated judi- cial reasoning processes, and you should brief cases whether required to do so or not.
To avoid getting lost in a maze of judicial ter- minology, you should ask yourself a standard set of questions about each case decision and read to dis- cover the answers to these questions. These standard questions lie at the heart of the case briefing system. They are as follows:
1. Who is the plaintiff and who is the defendant?
2. What are the facts of the case? (Who did what towhom? What is the behavior complained of?)
3. Did the plaintiff or the defendant win in the lower court(s), and which party is appealing? (All decisions in this textbook come from appellatecourts.)
4. What was the legal issue or issues appealed?
5. Does the plaintiff or the defendant win on theappeal?
6. What rules of law and reasoning does the appel-late court use in deciding the issue?
Here is an illustration of a written case brief. It is a brief of the first case in the textbook, which you can find in Chapter 3 Case 3.1. Before looking at the brief, you should now read that case. An important part of law requires you to learn new vocabulary. To under- stand the case you read, you need to know several new
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terms. You can find the terms in the glossary of this textbook, but to make it easier, we will define several new terms for you:
appellant The losing party at the district court level. appellee The prevailing party in the district court who is responding to the appellant.
appeal To ask a higher court to decide whether an inferior court (e.g., trial court) made a legal mis- take in its decision; also to ask a higher court to review (decide) the case.dissent To disagree with both the result and the legal reasoning of the majority opinion.
opinion The court’s decision in a case.
petitioner The losing party in the court of appeals who asks (i.e., “petitions”) the Supreme Court to decide whether the lower court made a mistake. respondent The prevailing party in the court of appeals who is responding to the petitioner. reversed What an appeals court says when it dis- agrees with the court beneath it. If it agrees with the lower court, it says “affirmed.”CASE BRIEF
National Federation of Independent Business v. Sebel- ius, 567 U.S. __, 132 S. Ct. 2566 (2012)
How do i read this citation?
- “National Federation of Independent Business” refers to the petitioner.
- “v” means versus or against.
- “Sebelius” refers to the respondent.
- 567 is the volume number of the official U.S.
Supreme Court Reporter, and __ refers to the page number where the case begins (once it is assigned a page number). The date, 2012, is the year when the case was decided.
Facts Twenty-six states, several individuals, and the National Federation of Independent Business (plaintiffs) brought this action against the federal Health and Human Services, Treasury, and Labor departments and their Secretaries (defendants), in fed- eral district court, challenging the constitutionality of two aspects of the Affordable Care Act: the individual mandate and the expansion to Medicaid.
Procedural History This case was brought in the U.S. District Court for the Northern District of Florida. The District Court granted summary judgment to the defendants on the claim that the
Affordable Care Act’s expansion of Medicaid was unconstitutional. Because the court concluded that the individual mandate provision exceeded congressional authority and was not severable, it declared the entire Affordable Care Act invalid.
On appeal to the Eleventh Circuit, the circuit judges agreed that the individual mandate was uncon- stitutional, affirmed as to the constitutionality of the Medicaid expansion, but reversed the determination about severability.
The case was then appealed to the U.S. Supreme Court.
Issues Appealed The key issues on appeal were:
- Whether the individual mandate, imposing a min- imum essential coverage requirement, is within Congress’s power under the Commerce Clause of the U.S. Constitution.
- Whether the provision giving the federal govern- ment the authority to penalize states that chose not to participate in the expansion of the Medic- aid program exceeded Congress’s power under the Spending Clause.
Who Wins and Why?
- Although the Supreme Court found that the indi- vidual mandate exceeded Congress’s power under the Commerce Clause, it was upheld as a “tax” pursuant to Congress’s taxing powers.
- The statutory provision giving the federal govern- ment the authority to penalize states that chose not to participate in the expansion of Medicaid exceeded Congress’s authority under the Spending Clause.
What Does This Mean? Overall, this case was seen as a victory for the proponents of the Affordable Care Act. The individual mandate requir- ing nonexempt individuals to purchase and maintain minimum essential health care coverage was upheld. Although the Supreme Court found that the statutory provision giving the federal government the authority to penalize states that chose not to participate in the expansion of the Medicaid program exceeded Con- gress’s authority, it also held that this penalization provision was severable. As such, only the provision is unenforceable. In all other respects, the Afford- able Care Act was left intact. Although the law and its implementation continue to face challenges, health care exchanges opened in the fall of 2013 to facilitate the purchase of health insurance in every state.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. The can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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