1. Reading Cases & Model Case Brief 1/22/08

2. Reading Cases: Preliminary Material • name of the parties • name of the court that rendered the decision • the dates the case was argued and decided • headnotes • syllabus. • a listing of the judges who decided the case • listing of attorneys involved in the case.

3. Content of Written Opinions • Most opinions begin with identification of the author. • Exception is per curiam opinions. • Opinion of the Court • Usually begins with description of the facts • Followed by announcement of disposition of case • Followed by reasoning reasoning used to justify the decision. • Concurring and dissenting opinions

4. Decisions Reached • The disposition of the case is a determination of what the next step in the legal process will be. This step usually consists of affirming (approving) or reversing (disapproving) the judgment of the lower court. • A holding is the court's answer to an issue that was raised in the case. It is formulated as a statement that the law is to be interpreted in a certain way when a given set of facts exists. It is the rule that future courts will look to for assistance in deciding similar cases.

5. Example of HEADING Your Name Plessy v. Ferguson U.S. Supreme Court 163 U.S. 537 (1896)

6. FACTS: CIVIL CASE • identify by name the original plaintiff and the original defendant; • specify what action the defendant took that the plaintiff is challenging in this suit; • identify the nature of the legal right which the plaintiff claims the defendant violated; • specify what action(s) the plaintiffs are asking the court to take (e.g., to issue an injunction, to award damages, etc.); and • summarize the nature the defense's response

7. Def. Responses in Civil Case • denying that the they did what they were accused of doing, • admitting they did it, but arguing that their actions do not violate the law, • claiming an affirmative defense for what they did, • seeking dismissal on the basis of procedural defects, and/or • counter suing.

8. Facts: Criminal Case • identify the defendant by name; • specify what action the defendant took that resulted in his/her being prosecuted; • specify the crime(s) (and whether it is a state or federal offense) for which the defendant is being prosecuted; • briefly summarize the nature the defense's response

9. Def. Responses in Criminal Case • denying they did what they were accused of doing, • admitting they did it, but arguing that their actions do not violate the law, • claiming an affirmative defense for what they did, • seeking dismissal on the basis of procedural defects, and/or • claiming the statute under which they are being prosecuted is unconstitutional

10. Facts for Plessy v. Ferguson This is a criminal case in which: (1) Plessy is the defendant (2 & 3) He was arrested and is being prosecuted for having violated a Louisiana statute which required railroad companies to provide separate accommodations for the white and black races and which made it a crime for anyone to insist on occupying a seat that was reserved for passengers of the other race. (4) He admits that he violated the law but claims that the law is unconstitutional.

11. Judicial History in Plessy • Trial Court rejected Plessy’s pretrial motion to dismiss the charges on the basis that the law was unconstitutional. • On appeal, the Louisiana Supreme Court affirmed the trial court’s denial of Plessy’s motion. [i.e. it upheld the constitutionality of the state statute requiring separation of the races]

12. Disposition in Plessy The Supreme Court affirmed the decision of the La. Supreme Court upholding the constitutionality of the challenged statute.

13. Issues: Plessy v. Ferguson Is it a violation of either the 13th amendment or the 14th amendment equal protection clause to the U.S. Constitution for Louisiana to prosecute Plessy for violating a law requiring separation of the races on railroad cars? NO (7-1) Note that while edited version of Opinion of the Ct. only discusses 14th amendment, coverage of the 13th amendment appears in the dissent.

14. Holding/PrecedentPlessy v. Ferguson • NARROWIST: It is not a violation of either the 13th or 14th amendments for a state to require separation of the races on railway cars. SAFEST CHOICE • BROADER: It is not a violation of either the 13th or 14th amendments for a state to require separation of the races in public transportation. BEST CHOICE • STILL BROADER: It is not a violation of either the 13th or 14th amendments for a state to require separation of the races in public accomodations. TOO BROAD • BROADEST: It is not a violation of either the 13th or 14th amendments for a state to require separation of the races under any circumstances. TOO BROAD

15. Reasoning for Plessy:Opinion of the Ct • Justice Brown wrote the opinion of the court. He was joined by Justices Field, Guller, Gray, Peckham, Shiras, and White • The statute doesn't violate the 14th amendment because: • While the 14th amendment was designed to insure that people of all races had equal legal rights, it was not intended to “abolish all distinctions based on color”.

16. Reasoning for Plessy:Opinion of the Ct • Such laws are within the competency of state legislatures acting under the state police power because they reflect established customs and help preserve the public peace. • Laws requiring separation of the races do not imply the inferiority of either race. (3) Court cites Roberts v. City of Boston upholding racial segregation in public schools and distinguishes Strauder v. W. Virginia involving laws prohibiting blacks from serving on juries.

17. Dissenting Opinion: Plessy • Justice Harlan wrote a dissenting opinion. • This legislation is the type of burden or disability that constitutes the badges of slavery or servitude that are prohibited by the 13th. • He rejects the argument that this is a neutral law that treats both races the same. The White race is the dominant one and the law was passed to exclude colored people from coaches occupied by white persons. It is based on assumption that races are not equal.