Irac method case brief

Case Brief Assignment Before completing this assignment:

1. Read the ‘How to Brief a Case’ article (posted on D2L). 2. Pick ONE 2018 Oregon State Supreme Court case (from one of the cases posted on the

D2L website). 3. Carefully read the case (taking notes is recommended).

Here’s a helpful link as well: http://www.lexisnexis.com/en-us/lawschool/pre-law/how-to-brief-a-case.page These resources will help explain the common “IRAC” method of briefing a case common for many individuals involved in the legal field. Most importantly, by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the analysis); and the outcome (the conclusion). The cases available for you to brief are recent Oregon Supreme Court cases. Grading rubric for the paper: Issue: Case: Name of the case, (and year of the decision). Facts: Who are the parties to the lawsuit, what is their dispute, and how did they get to the Supreme Court? In your own words, include the important facts necessary to understand the case (e.g. the time of day a defendant was arrested is usually not important, etc.) Procedural History: What Court authored the opinion? What’s the case history? Issue: What is the basic legal question regarding what specific provision of law that is to be decided in the case? Holding: What is the majority’s basic answer to the basic legal question in the case?

6 points

Rule: Determine what the relevant rules of law are that the court uses to make its decision. These rules will be identified and discussed by the court. What rule must the court apply to the facts to determine the outcome? Explain the cases, Constitutional principles, etc. that the court used to make its decision.

6 points

Application/Analysis: How does the rule of law specifically apply given the specific facts of the case at issue? The court will have examined the facts in light of the rule, and probably considered all “sides” and arguments presented to it. How courts apply the rule to the facts and analyze the case must be understood in order to properly predict outcomes in future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule? Resist the temptation to merely repeat what the court said in analyzing the facts: what does it mean?

6 points

Summarize the court’s rationale in your own words. Conclusion: What was the final outcome of the case? What was the court’s ultimate findings? What’s the new precedent set?

6 points

Grammar, punctuation, organization, citations (in text and reference list) 6 points Total = 30 Note: I would encourage you to be thorough in your analysis. This assignment is to be submitted ONLINE to the corresponding assignment folder (under Activities tab). See the syllabus for my late policy. Pay careful attention to spelling, sentence construction, and punctuation. For full credit, this paper MUST be typed, double-spaced, between 2 and 3 pages in length, 12-point font, and 1-inch margins. Please know: The university uses electronic systems for the purposes of detecting plagiarism and other forms of academic dishonesty. In this particular class, your assignments will be run through Turnitin to detect for any possible plagiarism from other sources. Finding Academic Articles: PSU’s Criminology and Criminal Justice Reference Page: http://guides.library.pdx.edu/ccj Citations:

All information that is not your own must be cited; quotes, summaries, and paraphrasing should be used effectively (see this website for help; https://www.pdx.edu/writing-center/guided-tour- step-one-understanding-an-assignment). The majority of your assignment should be written using your own thoughts, words, reactions, and writing (i.e. not direct quotes from resources). The Purdue Owl website is a helpful tool when considering how to cite information that is not your own (https://owl.english.purdue.edu/owl/resource/560/01/). You can also find information on citing sources at the PSU library website (http://library.pdx.edu/research/citing-sources/). Information on how to cite legal cases can be found here (http://blog.apastyle.org/apastyle/2013/10/citing-court-decisions-in-apa-style.html).