Could you do/write a brief-case on Miles v. City Council of Augusta, 551 F. Supp. 349 (S.D.
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Could you do/write a brief-case on Miles v. City Council of Augusta, 551 F. Supp. 349 (S.D. Ga. 1982) with the following procedure:
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Legal Research and Writing CASE BRIEF FORMAT A brief generally needs to be 1 - 2 pages in length: Times New Roman, single-spaced, 12-point font. Case Title and Citation: The title of the case shows who is opposing whom. The citation tells you how to locate the case in the appropriate case reporter. Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case. Cause(s) of Action: What is the legal reason why the plaintiff sued the defendant, in legal terms? Procedure (Procedural History/Prior Proceedings): List what happened in the "lower court(s)." Do not go into too much detail. Just list what the lower court did or what the appellate court did if you are reading a higher court or Supreme Court case. If it is a case of first impression in the lowest court of the state or federal system, then you may not have any procedure as this is the first time a court is hearing the case. Remember that some "history" or procedure of the case may be in other proceedings that are not before a court of law. Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no. Holding: How did the court answer the issue question(s)? Answer the issue question(s) directly. Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this section while keeping in mind this to be a short form version of the important points of the decision. List what the law was before this case was decided and how the law has possibly changed or remained consistent after this decision. Make sure you identify the law that the court considers in making a decision. Disposition: The ultimate finding of the court. Did the court rule in favor of the plaintiff or the defendant? If the case was an appeal from a lower court decision, was the case affirmed, quashed, reversed, remanded? Concurring/dissenting opinions: The judges or justices in agreement might have more to add in a concurring opinion. In a dissenting opinion, the opposing judges usually have remarks that state why they disagree with the holding. Legal Research and Writing CASE BRIEF FORMAT A brief generally needs to be 1 - 2 pages in length: Times New Roman, single-spaced, 12-point font. Case Title and Citation: The title of the case shows who is opposing whom. The citation tells you how to locate the case in the appropriate case reporter. Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case. Cause(s) of Action: What is the legal reason why the plaintiff sued the defendant, in legal terms? Procedure (Procedural History/Prior Proceedings): List what happened in the "lower court(s)." Do not go into too much detail. Just list what the lower court did or what the appellate court did if you are reading a higher court or Supreme Court case. If it is a case of first impression in the lowest court of the state or federal system, then you may not have any procedure as this is the first time a court is hearing the case. Remember that some "history" or procedure of the case may be in other proceedings that are not before a court of law. Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no. Holding: How did the court answer the issue question(s)? Answer the issue question(s) directly. Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this section while keeping in mind this to be a short form version of the important points of the decision. List what the law was before this case was decided and how the law has possibly changed or remained consistent after this decision. Make sure you identify the law that the court considers in making a decision. Disposition: The ultimate finding of the court. Did the court rule in favor of the plaintiff or the defendant? If the case was an appeal from a lower court decision, was the case affirmed, quashed, reversed, remanded? Concurring/dissenting opinions: The judges or justices in agreement might have more to add in a concurring opinion. In a dissenting opinion, the opposing judges usually have remarks that state why they disagree with the holding.
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Case Title and Citation Miles v City Council of Augusta 551 F Supp 349 SD Ga 1982 Facts The City Council of Augusta Georgia is challenging the atlarge ... View the full answer
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