Employment Law Case Brief Using the Internet, select and research an employment law case no greater than five 5 years old.
Title and Citation The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing.
The first section of this guide shows you how to identify the players without a scorecard. The citation tells how to locate the reporter of the case in the appropriate case reporter. Facts of the Case A good student brief will include a summary of the pertinent facts and legal points raised in the case.
Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. Judges are not above being selective about the facts they emphasize.
The fact section of a good student brief will include the following elements: A one-sentence description of the nature of the case, to serve as an introduction. A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute.
A summary of the complaint in a civil case or the indictment in a criminal case plus relevant evidence and arguments presented in court to explain who did what to whom and why the case was thought to involve illegal conduct. A summary of actions taken by the lower courts, for example: Issues The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court.
Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike.
Be sure you have included both. With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restatement of the issue.
Set it off with quotation marks or underline it.
This will help you later when you try to reconcile conflicting cases. Board of Education involved the applicability of a provision of the 14th Amendment to the U. Many students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason.
There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers.
Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class.If You Do My Case Study, I will Procrastination is such a disgusting thing, isn’t it?
It is so easy for other people to say, “What’s wrong with you, just sit down and write your assignment”. They don’t understand that you can’t do it, not because you are lazy, but because you just don’t seem to ever get to it (let it be an essay, term or research paper, thesis or book report).
How to Write a Case Brief Free Essay Template. Free Essay Examples, Essay Formats, Writing Tools and Writing Tips.
How to Write a Case Brief Sample In reviewing a case for the purpose of completing a case brief, there are three main issues to consider. Facts of the Case: This is a summary of events that provides context to the issues discussed in the appeal. C. HOW TO BRIEF.
The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts.
Write a three to four () page brief in which you: Summarize the issue of the case, and then explain the employment law that was violated. Evaluate the type of impact the violation had on the organization then determine two (2) ways the organization could mitigate the issue.