Kaplan University PA205: Introduction to Legal Research

1. Kaplan UniversityPA205: Introduction to Legal Research Unit 1 Seminar: Sources of Legal Authority

2. WELCOME TO PA205 Written Assignments This course is very labor-intensive. There are written assignments in Units 1, 2, 3, 4, 5, 6, 8, and 9. All written work is due by the due date: always the Tuesday on which the Unit ends. Extensions will be granted for good cause, but students should be aware that each unit builds on the previous units, and it is very easy to fall behind. My advice is that students request an extension only if absolutely necessary, to avoid falling behind.

3. WELCOME TO PA205 Discussion Board The DB is a major part of the course, and participation is required. The scoring rubric is posted in doc sharing; students should become familiar with expectations. Note that credit is earned for substantive posts only. Comments such as “I agree with your analysis, that’s how I feel too”, or comments having little or nothing to do with the topic being discussed, will not earn points. Remember that posting an initial response plus two responses to fellow students is a minimum. High scores require more than the stated minimum.

4. WELCOME TO PA205 Seminar Attendance at the weekly seminar is not required, but is strongly encouraged. If you miss a seminar, full credit may be earned by preparing a 2-page essay discussing and analyzing the seminar topic. Simply E-mail your alternate assignment to me within one week after the missed seminar. Alternate assignments submitted more than one week following a seminar may not be accepted.

5. WELCOME TO PA205 Reading, Research, and the Text The course text is an e-book, the chapters of which are posted in doc sharing. Not everything of value in the text is assigned reading. I encourage you to review the text to discover all of the material that can help you to succeed! The course memo, which is the focus of nearly all written assignments, is a “closed universe” assignment. You must use ONLY the cases and statute posted in doc sharing. In unit 5 you will be performing some research related to the fact set, but you may not use any of your results in other assignments. The assigned text materials explains the concepts we will be learning, in detail. Don’t try to do assignments based on what you think you know, take the time to read the material first. Remember also to carefully read each assignment to ensure that you understand what is required. If you have questions, ASK! Seminar is a perfect venue to ask about assignments.

6. WELCOME TO PA205 THE CASE BRIEF

7. CASE BRIEFING What is a case brief? A case brief is simply a brief overview, or synopsis, of a case opinion. Case briefs are informational, not persuasive. The goal is to explain what the opinion says, not to agree or disagree, or debate.

8. CASE BRIEFING What is a case brief? A case brief is simply a brief overview, or synopsis, of a case opinion. Case briefs are informational, not persuasive. The goal is to explain what the opinion says, not to agree or disagree.

9. CASE BRIEFING Why do we brief cases? Case briefs are tools. Legal analysis is based on comparing and contrasting facts, circumstances, and other details of a situation, in order to identify the way existing law (the opinion) is likely to be applied in a similar, but obviously different situation.

10. CASE BRIEFING General Format of a Case Brief The most common format for a case brief is the FIRAC format with which you are likely already very familiar. But a case brief contains additional important information. The Case Cite: Always begin with the correct Bluebook format citation of a case, so that you – or any reader – knows immediately what case is being briefed. Statement of Facts: This is where the writer provides the basic important facts that led to the dispute settled by the opinion. Issue: This is a brief – often one sentence – statement of the legal question that was resolved by the case. Most cases contain more than one issue. Short Answer: this section provides the answer to the question of law. Some briefers simply state “Yes” or “No” here, others prefer to provide a very brief, one sentence explanation. Rule of Law: In this section, the brief clearly states the rule that was applied by the court. Analysis: This section is the real “meat” of the case brief. Here the author explains how and why the court applied the rule of law as it did. Conclusion: In this section, the author states the final disposition of the case.

11. CASE BRIEFING General Format of a Case Brief You will find many samples of case briefs on the Internet. The best are often found on university or law school web sites. A Google search will disclose several that provide a good sampling of different formats commonly used by legal professionals. One good resource is http://www.lib.jjay.cuny.edu/research/brief.html

12. CASE BRIEFING Facts The court nearly always provides a recitation of the facts. Paraphrase the facts as the court has given them – if the court thought a fact was important, it probably was! Issue Look for words such as “we are called upon to decide”, etc. Some courts don’t do this, but it’s common. If you can’t find the issue that way, go about it from behind, so to speak: find the rule of law and change it into a question. Rule of Law Look for words such as “it is well settled”, or “even “the rule…”. Case or statute citations also help to lead you to the rule. Look for paragraphs in which the court has provided a cite to the source – it is probably a statement of a rule of law. Analysis This is the easiest, but in a sense also the most difficult. What you need is the analysis of the court – not what you think. Why does the court say it ruled as it did? Does it recite certain facts? The analysis section basically takes everything the court has said about an issue and very briefly paraphrases it. Conclusion The easiest part of a brief! Did the court affirm or reverse the lower court? That is the conclusion.

13. CASE BRIEFING • Kimbrough v. United States, 128 S. Ct. 558 (2007)Always identify the case, with a complete citation. • Facts: Often this can be aparaphrase of the fact statement contained in the opinion. • The petitioner was charged and pleaded guilty of several criminal offenses. Federal sentencing guidelines were applicable to the offenses, but the court didn’t follow the guidelines. The appeals court held that the failure to apply the guidelines resulted in a “per se unreasonable” sentence.

14. CASE BRIEFING • Issues:Sometimes there is more than one major issue. Numbering the issues makes the brief easier to follow. • Are the federal sentencing guidelines mandatory or merely advisory? • 2. Is a sentence that deviates from applicable federal sentencing guidelines “unreasonable” when based on the judge’s disagreement with the potential effect of rigid application of the guidelines? Some legal writers like to include a “short answer” with the issue. This is optional.

15. CASE BRIEFING Rule: Find the rule by looking for key words and phrases, such as “we therefore hold” or similar. Look also for citations to cases and statutes. Include the citations. 1. The court held that the applicable sentencing guidelines are advisory only. “…the cocaine Guidelines, like all other Guidelines, are advisory only, and … the Court of Appeals erred in holding the crack/powder disparity effectively mandatory.” (Kimbrough, p 2.) 2. Because the guidelines are advisory only, the second issue must be answered in the negative.

16. CASE BRIEFING • Analysis/Application: Paraphrase the rationale explained by the court. You will need to read a case carefully, in order to determine what is analysis and what is just dicta, not really applicable to the holding. • The court discussed the history of the sentencing guidelines, and focused to a great extent upon Congressional intent in creating the guidelines. A complete analysis here would likely be several pages long; essentially the briefer is trying to include the important matters on which the court focused. The best analyses sort of walk a reader through the logic applied by the court: what factors did the court consider important, why did the court consider those factors to be important, and how did the court support the conclusion based on those factors? • Note that the analysis is NOT your opinion of whether the court is right or wrong. A case brief reports, it doesn’t criticize or otherwise analyze the result. The brief explains what the rule is, not whether it is what the author thinks it should be.

17. CASE BRIEFING Conclusion: The Supreme Court reversed the judgment of the Court of Appeals.

18. Unit 1 Written Assignment For this week’s Writing Assignment, read Marron v. Marron and Phelan v. Gardner from the library of cases found in DocSharing. Brief each case using the FIRAC method. This unit’s Written Assignment is not part of the Memorandum of Law, but it will help you have a readily available in-depth review of each library case. Submit ONE of the two briefs for grading.

19. Unit 2 Written Assignment Any questions about briefing cases? Facts of the case Issue presented Rule of law established by the case Analysis applied by the court Conclusion of the court