Montejo v. Louisiana

CJUS 4018_18SP2 1
Case Brief Assignment/75-point assignment
“A case “brief” is a summary of a case decided by a court…it is taken from a lengthier
course decision and designed for simplicity and focus” (Carmen, Ritter, & Witt, 2008, p.
iii). In other words, a case brief is a condensed, concise outline of a court opinion. It
summarizes a court opinion so that key elements as well as the essence of the court’s
opinion are included.
USED:
For more efficient self-study
To present the case to others
{It’s easier and simpler than re-reading a 50-100-page long case every time you want to
refresh your memory about the case}
For additional review, see https://lawschool.westlaw.com/marketing/display/SG/3;
http://www.wikihow.com/Brief-a-Law-CaseCJUS 4018_18SP2 2
For this course, we will divide the case briefs into six sections which include the
following (see Moodle for available PDF example):
❖ CAPSULE: a review of the findings of the Court including the constitutional issue; explains the
type of case that will be briefed; a shorter version of the HOLDING
❖ FACTS: a presentation of the circumstances of the event that led to the court case; explains the
key facts of the case (who, what, when where, how, and why)
❖ ISSUE: a presentation of the particular legal (constitutional) issue at hand; will always been in a
question format with a YES or NO response
❖ HOLDING or SUPREME COURT DECISION: statement(s) that affirm the constitutional issue with
the court’s decision implied; the most important part of a court decision
❖ REASON: usually the longest part of the case brief; includes the logic behind the Court’s stance
on the issue at hand; can include direct wording from the Court’s written decision
❖ CASE SIGNIFICANCE: an explanation of the consequences of the ruling and how procedures will
changeCJUS 4018_18SP2 3
Note:
You may see differently named sections of case briefs included in other resources. For the purpose
of this course, we will use the above sections. Basically, the sections are all the same, just either
labeled differently or have an extra section here or there.
Directions for Course Assignment 1:
Step 1: Reviewing the information above as well as the PDF entitled “Court Brief Examples.”
Step 2: Select one of the following court cases:
▪ Kennedy v. Louisiana, 554 U.S. 407 (2008)
▪ Montejo v. Louisiana, 556 U.S. 778 (2009)
▪ Snyder v. Louisiana, 552 U.S. 472 (2008)
▪ Tague v. Louisiana, 444 U.S. 469 (1980)
▪ Taylor v. Louisiana, 419 U.S. 522 (1975)
Step 3: Locate the court case using the internet. A few reliable websites include: justia.com;
law.cornell.edu; scotusblog.com.CJUS 4018_18SP2 4
Step 4: Read through the case taking notes and remembering those sections (e.g. Issue, Holding,
Reason, etc.) that are expected to be completed for this assignment.
Step 5: Prepare a case brief using the sections listed above. Ensure to properly utilize in-text
citations if needed, especially for direct quotes. This assignment will be submitted through
TurnItIn.com, so proper citations need to be utilized or work will be considered plagiarized.
ASSIGNED: Monday, January 30 at 12:00 p.m.
DUE: Saturday, February 3, at 11:55 p.m. CST
See the next page for the grading rubric for this exercise.CJUS 4018_18SP2 5
Student’s
Submission Description Allotted Points Point Allotment—75 points TOTAL
Mechanics
Work should
have no
mechanical
errors in
spelling,
grammar,
capitalization,
or punctuation
20
Work has 12 or more
mechanical errors in
spelling, grammar,
capitalization, or
punctuation
0 points
Work has 6-11
mechanical errors in
spelling, grammar,
capitalization, or
punctuation
6 points
Work has 1-5 mechanical
errors in spelling,
grammar, capitalization, or
punctuation
15 points
Work has NO mechanical
errors in spelling,
grammar, capitalization,
or punctuation
20 points
Organization
Work/Ideas
should be
organized,
readerfriendly,
paragraphs &
spacing
properly
utilized; work
reflective of
assignment’s
instructions;
proper format
15
Fails to organize ideas; not
reader-friendly; no effort to
use paragraphs or spacing;
‘1-big paragraph syndrome’
throughout; did not follow
directions; format incorrect
0 points
Very little effort to
organize ideas; barely
reader-friendly; suffering
from many of the effects
of the ‘1-big paragraph’
syndrome; somewhat
followed directions;
format somewhat correct
4 points
Sound effort to organize
ideas & writing; sort of
reader-friendly; presence
of some of the effects of
the ‘1-big paragraph’
syndrome; almost
followed directions
precisely; format nearly
perfect
9 points
Establishes precise ideas/
organization; readerfriendly; separated by
paragraphs & spacing
where needed; precisely
followed directions;
format perfect
15 points
Length
Work should
meet the
minimum work
requirement
20
Does not meet the 500-word
minimum requirement
0 points
Meets the 500-word
minimum requirement
20 points
Content
Work has
clear, logical
reasoning;
flows
smoothly from
one idea to the
next;
transitions of
subject matter
make sense;
proper court
case titles &
citations of
case direct
wording
20
Content does not have clear,
logical reasoning; does not
flow smoothly from one idea
to another; transitions of
subject matter do not make
sense at all; no in-text
citation; NO documentation
of court case titles & cites
for direct wording
0 points
Content is hardly clear &
logical in reasoning;
rarely flows smoothly
from one idea to another;
transitions of subject
matter occasionally make
sense; poor
documentation of court
case titles & direct
wording
6 points
Content has somewhat of
a clear, logical reasoning;
seemingly flows smoothly
from one idea to another;
transitions of subject
matter are tolerable;
adequate documentation
of court case titles &
direct wording
15 points
Content has clear, logical
reasoning; flows
smoothly from one idea to
next; transitions of
subject matter make
sense; proper
documentation of court
case title & material
20 points

WE ACCEPT