HOW TO BRIEF A CASE Below I have sketched in the beginnings of a brief as a format. This time-honored method of analysis is the basic unit of law school instruction and so most judicial opinions are written to conform to this approach. Knowing the rules makes watching the game so much more interesting. Start with the name of the Case which is called the “style” of the case. PERLA GRAFF v. JAY L. GRAFF‚ 569 So. 2d 811‚ Fla. 1st Dist. Ct. App. (1990). First is the case name‚ followed by the citation
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Case Study: United States v. Salerno 481 U.S. 739 (1987) Using your text and the internet‚ in narrative format with a minimum of 500 words‚ outline the case of United States v. Salerno‚ 481 U.S. 739 (1987). Give the facts‚ issue‚ and court holding of the case. In the case of United States v. Salerno‚ Anthony “Fat Tony” Salerno was arrested on charges of numerous RICO violations‚ and detained without bail. This case determined that the Bail Reform Act of 1984 did not violated the Due Process clause
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Jacobson v. United States Supreme Court of the United States 1992. 503 U.S. 540‚ 112 S.Ct. 1535. FACTS= On September 24‚ 1987‚ Keith Jacobson was indicted on charges of violating a provision of the Child Protection Act of 1984‚ which criminalizes the knowing receipt through mail of a "visual depiction [that] involves the use of minors engaging in sexually explicit conduct." On Feb 1984 Jacobson ordered two magazines in the mail of young boys. The magazines entitled Bare Boys
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INTERNAL ASSIGNMENT ON LEGAL REASONING SKILLS State of Rajasthan vs. Vidhyawati and Kasturilal vs. State of U.P. 8/13/2013 N. NAGENDRA RAO AND COMPANY VS. STATE OF MADHYA PRADESH – In this case‚ the appellant carried on the business in fertilizer and food grains. Huge stocks of food grains‚ fertilizers and other commodities were seized by police authorities. The appellant represented to the state authorities several times that fertilizer be sold otherwise it would become useless. No
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U.S. Supreme Court UNITED STATES v. NIXON‚ 418 U.S. 683 (1974) 418 U.S. 683 UNITED STATES v. NIXON‚ PRESIDENT OF THE UNITED STATES‚ ET AL. CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. 73-1766. Decided By: Burger Court (1972-1975) Argued July 8‚ 1974. Decided July 24‚ 1974. * Defending Attorney for the President: James D. St. Clair Prosecuting Attorney’s for the United States: Leon Jaworski & Philip A. Lacovara On
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Directors who happen to work for more than forty hours in a week as demanded by law are entitled to compensation. This has to cover the amount of time and effort they have used to serve the organization or state agency to the best of their knowledge. Despite such directors being under the excluded job category‚ they still have to be paid for their services for having worked for extra hours. These directors‚ just like other categories of excluded employees are entitled to pay for having exceeded the
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Ochampaugh v. Seattle 588 P. 2d 1351 (Wash. 1979) Facts Ordinary pond owned by the city Popular with area residents for fishing and swimming The two boys were familiar with the pond and had gone there before. Neither boy could swim. There were no warning signs around the pond. The pond‚ while man-made‚ was in existence before the city purchased the land. Issue Was the pond a “trap” or extraordinarily dangerous enough to render it an “attractive nuisance” to children and thus create
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Professor Swenson Criminal Law November 27‚ 2012 McCleskey v. Kemp Mr. McCleskey was a Black man‚ that was convicted of two counts armed robbery and one count of murder in the Supreme Court of Fulton County‚ Georgia. His convictions were due to the robbery of a furniture store and the killing of a white police officer while the robbery was occurring. There was evidence presented at trial that proved one of the bullets to be from a .38 caliber Rossi revolver‚ which fit the description of
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Frye v. United States In 1923 defendant James Alphonso Frye was convicted of murder in the second degree and appealed the decision. The defense counsel offered an expert witness to testify on the results of a systolic blood pressure deception test‚ which was the rudimentary precursor to the lie detector. That motion was denied. The defense counsel then offered that another test be conducted in the courtroom but were denied again. The prosecution then argued the “while the courts will go a long
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Brief Kraft‚ Inc. v. Federal Trade Commissio Plaintiff/Appellant: Federal Trade Commission (FTC) Defendant/Appellee: Kraft Inc. History: Federal Trade Commission instituted a deceptive advertising proceeding against Kraft Inc. Kraft was instructed to terminate certain ads due to false advertising. Facts: In March 1987‚ Kraft added a subscript on the television commercial and as a footnote in the print media version‚ the disclosure that “one ¾ ounces slice has 70% of the calcium of five ounces
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