Constitutional Law Part 1 and 2…study guide attached….Chiristina b367

Constitutional Law Part 1 and 2…study guide attached….Chiristina b367

The Components of a Case: 1. Syllabus and Head Notes: At the
beginning of many cases, there will be a syllabus and a summary of
the case and its holdings. The summary should be used with caution,
as its use varies from jurisdiction to jurisdiction. In some
jurisdictions, the syllabus is the law of the case, and the opinion
is merely a detailed explanation of the syllabus. In other
jurisdictions, the headnotes are merely editorial comments of the
court reporter or the publishing company that prints the case, such
as the West Publishing Company. MCJ 6230, Constitutional Law for
Criminal Justice 3 2. Procedural History: This information is
usually located near the beginning of the case. It is sometimes
called “judicial history.” The Court explains how the case worked
its way to this court. Many cases begin in a trial court, and then
move on to appeal. Most of the “reported cases” are appellate
cases. Trial court decisions are usually not printed. If you have
trouble tracing the procedural history, try listing the previous
court proceedings in a time-line format. 3. Facts: The facts are at
the core of all cases. Your initial focus should be on the facts.
It often helps to think about the facts in light of what happened
before this matter became part of a judicial proceeding. When
writing the facts section of a case brief, tell a story about
people before the initial trial. Courts often provide much more
factual detail than you need to place into a case brief. Remember,
a case brief is a summary of the case. The Court usually places the
facts very near the beginning of the decision. 4. Issue(s): The
issue (or issues, as there may be several) is the question before
the Court (which is the Court writing the decision). It is
important to remember that the issue on appeal is not the same as
the issue presented to the lower court. For example, at the trial
court level, the issue may involve the guilt or innocence of a
defendant. On appeal, the issue could involve a question of
judicial error, but the issue on appeal will not involve the
factual finding of guilt or innocence. In other words, did the
judge make an error that must be corrected on appeal? Now, with
that said, there will be times when unusual issues move up on
appeal, but this is a good starting point for your understanding of
legal issues. 5. Rule(s) of Law: The rules are the law used by the
Court. Rules usually originate in primary sources of law, such as
the Constitution, statutes, rules or regulations, and case law. The
rules are applied to the facts of a case. The Court usually goes to
great lengths to make sure readers understand exactly why a certain
outcome was reached. Some paragraphs in case law decisions contain
only procedural history or only facts. A rule of thumb: When you
read a paragraph containing law, it is probably an analysis
paragraph. The rule sets out the legal test that the court uses to
make a decision. The more difficult paragraphs contain law, facts,
and explanation or reasoning. These paragraphs are usually
reasoning/analysis paragraphs. 6. Reasoning/Analysis: This is the
core of case law. The reasoning of a court is at the center of
every decision. The reasoning or analysis component is very
important. Analysis is usually the lengthy component of a decision.
A court explains its reasoning using the key facts and the relevant
law. In our legal system, case law builds upon case law. Readers of
case law must understand why a court reached a specific decision. A
court’s analysis combines:  Key facts  Law  The court’s
explanation Remember, readers have expectations. It is best to
avoid surprise or confusion.  A reader must understand which facts
are most important, or key.  A reader must understand which law
was relied upon or followed by the court.  A reader must
understand the court’s reasoning. 7. Holding(s) and the Court’s
Order: The holding states that court’s conclusion or decision on
the particular legal issue. When you summarize the holding, try to
keep it very concise. After the decision about the legal issue, the
court either takes some action or it orders another court to take
some action. Part 1: Using the information from “How to Read Case
Law,” prepare a brief for each of the following cases: 
Slaughterhouse cases  Lochner v. New York  Nebbia v. New York 
Ferguson v. Skrupa Each brief should be approximately one page
long, written in 12-point Times New Roman font. After each brief,
concisely discuss the importance of each case and the evolution of
the case law over the 90-year span of these decisions. Within your
discussion, include all dissenting and concurring opinions. Part 1
of this assignment should be a minimum total of four pages. All
outside sources used should be properly cited in APA format. MCJ
6230, Constitutional Law for Criminal Justice 4 Part 2: Using your
course textbook and credible Internet research (sites such as Oyez
and Cornell Law Institute — do not use Wikipedia, Answers,
About.com, or any unverifiable or unreliable sources), discuss the
evolution of the takings clause using detailed and thorough
discussion of relevant and important case law. Your essay should
include a discussion of a minimum of three cases. Part 2 of this
assignment should be a minimum of three pages in 12-point Times New
Roman font. All sources should be properly cited in APA format.
Course book title is….Mason, A. T., & Stephenson, D. G.
(2012). American constitutional law: Introductory essays and
selected cases (16th ed.). Boston, MA: Longman

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