| CASE NAME (always underlined, short version) |
YOUR NAME
|
| CITATION (YEAR OF DECISION) |
DATE PREPARED
|
I. FACTS This section should be of sufficient length to spark your memory of the case. You should also note whether this is a state or federal case, on appeal or original jurisdiction, and who each of the parties are in the case. Do not get overwrapped in the details here–simply the essentials to jog your memory.
II. ISSUES This section is best written succinctly in question format and must note which law/laws (statutes) or constitutional issues are being challenged. The questions should be posed so that they elicit a "yes" or "no" (or maybe!) response. This section is very brief. Focus only on those issues that we are examining in this course. (If the topic of the day is pregnancy and the case also includes a tort liability matter, ignore the irrelevant issue and focus only on the topic at hand.)
III. DECISION AND ACTION Simply put, answer each of the questions posed in II, and note what the justices ordered (reversed; affirmed; reversed and remanded, etc.) Also note the decision alignment (6-3; 5-4). This section is very brief.
IV. RATIONALE OF MAJORITY DECISION Start with the author's name. This section is very important and should be a significant intellectual exercise. You must discuss the basis or justification used by the majority to reach its decision. Focus on the logic of the main arguments at issue in our course. Note especially the espousal of new doctrines, application of existing precedent or the Court's outright reversal of previous holdings.
V. OTHER OPINIONS If there are any concurring or dissenting opinions, you should note which justice(s) wrote separately and summarize his/her arguments in no more than two sentences per opinion. Ask yourself why they disagreed with the majority or in the case of concurring opinions, what they had to say that was different from the majority.
VI. SUMMARY Note here the distinguishing characteristics of the case and why it is important to our line of reasoning in the area under study. This is not an easy task as it requires you to think beyond the case and to put the case in the context of American politics, government, rights and law.
VII. MISCELLANEOUS COMMENTS OR QUESTIONS You can note here any questions you may have regarding the case. Also, leave enough blank space to add further information during class.