briefing a case---Near v. Minnesota
The assignment is to brief Near v. Minnesota.
You want to brief a case in one single-spaced page or two double-spaced page.
Heres how, in your own words,provide:
1. The title and date of the case.
2. The facts and historical/social context of the case (in a few short sentences).
3. Constitutional question(s) presented by the case. What legal issue does the Court have to decide? This should be phrased in a way that is specific to the case at hand instead of being so general as to apply to any number of cases (e.g.what speech does the First Amendment protect?). Usually this section also answers the question who is asking for what, and on what constitutionalgrounds?
4. Who won the conflict? What is the legal holding?
5. Why? Outline the logic that supports the majority opinion. Explain how the holding answers the constitutional question. Is there a precedent to come out of the case i.e. how will this case guide the way in which future cases of a similar sort are decided? (This is the most important part of your brief.)
6. List concurring and dissenting opinions (if applicable) with the justices' names.
If the dissenting opinion seems to present an approach that is markedly different from that of the majority and/or other justices sign on to it, you should outline the argument (because, like the Holmes-Brandeis clear and present danger test, it could be that it is the logic of the dissent that is most important in the long run).
The assignment is to brief Near v. Minnesota.
You want to brief a case in one single-spaced page or two double-spaced page.
Heres how, in your own words,provide:
1. The title and date of the case.
2. The facts and historical/social context of the case (in a few short sentences).
3. Constitutional question(s) presented by the case. What legal issue does the Court have to decide? This should be phrased in a way that is specific to the case at hand instead of being so general as to apply to any number of cases (e.g.what speech does the First Amendment protect?). Usually this section also answers the question who is asking for what, and on what constitutionalgrounds?
4. Who won the conflict? What is the legal holding?
5. Why? Outline the logic that supports the majority opinion. Explain how the holding answers the constitutional question. Is there a precedent to come out of the case i.e. how will this case guide the way in which future cases of a similar sort are decided? (This is the most important part of your brief.)
6. List concurring and dissenting opinions (if applicable) with the justices' names.
If the dissenting opinion seems to present an approach that is markedly different from that of the majority and/or other justices sign on to it, you should outline the argument (because, like the Holmes-Brandeis clear and present danger test, it could be that it is the logic of the dissent that is most important in the long run).
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