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College essay writing serviceQuestion descriptionRicci v. DeStefano, 129 S. Ct. 2658(2009)(disparate impact)– Case Brief Due
GUIDANCE ON READING & BRIEFING CASESReading and digesting a judicial opinion (“case”) is like riding a bike or, for that matter,learning any skill — the more often you do it, the more you improve. And, once you learn how todo it, you never forget. Unlike reading a newspaper or magazine article, reading a case requiresyou to do more than simply “scan” the text in order to grasp the content. If you hope tounderstand the court’s opinion, you must dissect the text into its component parts. Even the mostexperienced lawyer or law student must read an opinion several times before fullycomprehending its meaning, so don’t expect to understand a case after a single reading. Also,don’t get discouraged if you need to read a case (or portions of a case) over many times beforefeeling comfortable that you have grasped the salient points.This process of dissecting and analyzing a case, referred to as “briefing” a case, can assistyour analytical process and improve your skills in reading judicial opinions to maximizeunderstanding. In reading and analyzing cases assigned as required reading for this course, Irecommend that you take notes and dissect each case into the following parts:1. Facts – a brief summary of the facts central to the court’s holding. Identify: who issuing who? What facts and circumstances lead the plaintiff to sue the defendant? What cause ofaction (legal claim) is the plaintiff bringing against the defendant? What relief does the plaintiffseek? What defenses/arguments is the defendant asserting to the claim(s)? ;2. Procedural History – if the case is an appellate opinion (such as most of the assignedcases in this course), briefly summarize the decision of the lower court and the basis for thelower court’s decision. If the case is a U.S. Supreme Court opinion, recognize that the opinionyou are reading represents at least the third time that a court has issued a ruling in this case. Besure that you understand what the trial court (U.S. District Court) decided and why it decided thecase that way. Also, be sure that you understand what the appellate court (U.S. Circuit Court ofAppeals) decided and why it decided the case that way;3. Issue – a brief statement of the central issue decided by the court in this opinion;4. Holding – a brief summary of the decision reached by the court on the central issue;and5. Rationale – a statement of the reasoning relied on by the court in reaching its holdingon the central issue.By briefing cases in this fashion, you will improve your ability to analyze and understanda case.©Copyright 2000-2018. All Rights Reserved. TermPaperChampions.com: The most reliable provider of custom academic papers. Our writers are here to help you complete papers from all disciplines and academic levels . You can always trust us to deliver.
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