Fourth Amendment
Wk. 1 Pt. 3 of 6
Jennifer Ontiveros
CJCO2002
June 2, 2014
Everest College
Wk. 1 Pt. 3 of 6
What is a case brief?
A case brief is written by an attorney. It is a written document that supports the motions or any other court pleadings. Law student’s briefs on a case summarizes important information you need to know about a case. Elements of a case brief are:
Facts-Who are the parties in the lawsuit, what is the dispute, and how did they get the case to the Supreme Court. In your own words include some important facts to help understand the case better.
Procedural History- is the disposition of the case in the lower court, which explains how the case got to the court.
Issue-What is the basic legal question regarding the law that will be used in the case
Argument- An expression with reasons why or why not the crime was committed.
Holding-What is the basic answer to the legal question in the case.
Rationale-A reasonable explanation of the case at hand
Write a case brief of U.S. v. Katz, including facts, procedural history, issue, rule, analysis, and conclusion. Label each component of the brief.
U.S. v. Katz 98-30095
Facts and Procedural History: Katz was convicted of illegal gambling over the telephone from Los Angeles, Boston, and Miami. After conducting surveillance to obtain evidence, the FBI placed a bug on the public telephone booth and recorded all of Katz conversations. The tapes were used as evidence in the trial.
Procedural History: Kratz moved to have the evidence squashed under the fourth amendment, but was denied. Kratz appealed to the appeals committee stating evidence was admissible because there was no entrance into his home to get the recordings
Issue: Is the government’s evidence enough that a jury could, without a reasonable doubt, charge Kratz with the crime at hand?
Rule: The fourth amendment protects against unlawful searches and seizures, and follows a person not a place.
Analysis: In a public surrounding a
Jennifer Ontiveros
CJCO2002
June 2, 2014
Everest College
Wk. 1 Pt. 3 of 6
What is a case brief?
A case brief is written by an attorney. It is a written document that supports the motions or any other court pleadings. Law student’s briefs on a case summarizes important information you need to know about a case. Elements of a case brief are:
Facts-Who are the parties in the lawsuit, what is the dispute, and how did they get the case to the Supreme Court. In your own words include some important facts to help understand the case better.
Procedural History- is the disposition of the case in the lower court, which explains how the case got to the court.
Issue-What is the basic legal question regarding the law that will be used in the case
Argument- An expression with reasons why or why not the crime was committed.
Holding-What is the basic answer to the legal question in the case.
Rationale-A reasonable explanation of the case at hand
Write a case brief of U.S. v. Katz, including facts, procedural history, issue, rule, analysis, and conclusion. Label each component of the brief.
U.S. v. Katz 98-30095
Facts and Procedural History: Katz was convicted of illegal gambling over the telephone from Los Angeles, Boston, and Miami. After conducting surveillance to obtain evidence, the FBI placed a bug on the public telephone booth and recorded all of Katz conversations. The tapes were used as evidence in the trial.
Procedural History: Kratz moved to have the evidence squashed under the fourth amendment, but was denied. Kratz appealed to the appeals committee stating evidence was admissible because there was no entrance into his home to get the recordings
Issue: Is the government’s evidence enough that a jury could, without a reasonable doubt, charge Kratz with the crime at hand?
Rule: The fourth amendment protects against unlawful searches and seizures, and follows a person not a place.
Analysis: In a public surrounding a