Case Brief

Case Name: Blake v. Giustibelli (Chapter 6)

Court Delivering Opinion:

Citation:

Facts: [Using your own words (and not simply copying the language in the courts opinion), briefly summarize the facts of your case. The great majority of cases in our course are from appellate courts. You should include under Facts the decisions of the lower courts that have ruled on the case. As you should have read the entire opinion of the court on-line, feel free to include important additional facts found in the full opinion.]

Issue:[The Issue is the central question (or questions) that the court is answering in its decision. Focus on the issue highlighted in our textbook. There may be several other issues in the unedited opinion. You need not include them in your brief.] Decision:[In the Decision you should state the courts ruling on the appeal and give a brief statement of the rule of law that answers the question (or questions) presented in the Issue being decided.]

Reason:[The Reason section should mix the courts language with your own summary of the reasoning the court used in reaching its decision. You need not cite the cases the court uses as authority.]

Concurring and Decending Opinion:[All three circuit court judges joined Judge Phillipss opinion. When you read the full opinion online, you may find separate, written opinions by judges or justices who did not join the majority opinion of the court. While the textbook authors have edited out these separate concurrences or dissents, you should write a brief summary in the brief. Most of the opinions we read are unanimous and all the judges or justices concur in the decision. However, the separate dissents and concurrences are important and should be summarized in your brief.]

Comments:[This Comments section is not in the sample brief in the Appendix (page A-1) of your textbook, but it is very important and is required in the briefs assigned in this class. It should express your own opinion on whether the courts decision was appropriate and promoted a sound public policy.] SINGLE-SPACED, YOUR BRIEF SHOULD BE ABOUT A PAGE AND A HALF OR LONGER. THE COMMENTS SECTION OF YOUR BRIEF IS ESPECIALLY IMPORTANT.