Expert answer:Case Brief

Solved by verified expert:https://openjurist.org/768/f2d/790/united-states-v…This link will bring you to the full court decision. I want you all to read the entire case.Read appellate court decisions and then brief them in about 1-2 pages. A case brief helps you understand the facts, the legal issue, the court’s decision, and their reasoning.A full case brief will include the following 11 points: 1. The Name of the Case and the Year the Case Was Decided. The name of the case will help you in organizing your class notes. Including the year of decision places the case in historical context and alerts you to the possibility that an older decision may have been revised in light of modern circumstances. 2. The State or Federal Court Deciding the Case and the Judge Writing the Decision. This will assist you in determining the place of the court in the judicial hierarchy and whether the decision constitutes a precedent to be followed by lower-level courts. 3. Facts. Write down the relevant facts. You should think of this as a story that has a factual beginning and conclusion. The best approach is to put the facts into your own words. Pay particular attention toa. the background facts leading to the defendant’s criminal conduct;b. the defendant’s criminal act, intent, and motives; and 4. Criminal Charge. Identify the crime with which the defendant is charged and the text of the relevant criminal statute. (the code is on page 118) 5. The Issue that the Court Is Addressing in the Case. This is customarily in the form of a question in the brief and typically is introduced by the word “whether.” For instance, the issue might be “whether section 187 of the California criminal code punishing the unlawful killing of a human being includes the death of a fetus.” 6. Holding. Write down the legal principle formulated by the court to answer the question posed by the issue. This requires only a statement that the “California Supreme Court ruled that section 187 does not include a fetus.” 7. Reasoning. State the reasons that the court provides for the holding. Note the key precedents the court cites and relies on in reaching its decision. Ask yourself whether the court’s reasoning is logical and persuasive. 8. Disposition. An appellate court may affirm and uphold the decision of a lower court or reverse the lower court judgment. In addition, a lower court’s decision may be reversed in part and affirmed in part. Lastly the appellate court may reverse the lower court and remand or return the case for additional judicial action. Take the time to understand the precise impact of the court decision.*Remember that the lower court, the trial court, had to find the defendant guilty in order for the case to be appealed. So the defendant appeals the case to the Appellate Court. Then if it gets appealed again, either party can appeal. The next court (Supreme court, either state or federal) reviews the appellate court’s decision. 9. Concurring and Dissenting Opinions. Note the arguments offered by judges in concurring and dissenting opinions. (There may or may not be dissenting opinions in a case.)10. Public Policy and Psychology. Consider the impact of the decision on society and the criminal justice system. In considering a court decision, do not overlook the psychological, social, and political factors that may have affected the judge’s decision. In other words, what are the real world impacts of this court decision? Are those impact positive or negative?11. Personal Opinion. Do you agree with the holding of the case and the reasoning of the court? Why or why not?Remember that a case brief is just that: IT’S BRIEF. A case brief should be around 2 pages (max of 3). If you are writing 4-5 pages or more, you are writing too much. If it’s one page, you aren’t including enough detail.I realize that for most of you, this will be your first time writing a case brief. So just do your best. Address each of the 11 issues/questions in your case brief, and demonstrate an understanding of the case, you’ll do fine.The paper should include single spaced paragraphs, but a double space in between the paragraphs. And number the paragraphs 1 – 11. Some of your paragraphs will be very short (example: just the came of the case). Others will be longer, such as the paragraph that will explain the court’s reasoning.Your assignment is this: Brief United States v. Fountain by addressing these 11 questions as listed above in 1.5 pages to two full pages. Anything less than 1.5 pages will lose points. In order to include detailed answers to all 11 questions, you’ll need at least one and a half pages.

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