Parts of a Brief
Parts of a Brief POSC 3123
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This 1 page Study Guide was uploaded by kristenccarter24 Notetaker on Thursday September 8, 2016. The Study Guide belongs to POSC 3123 at Arkansas State University taught by Dr. Hans Hacker in Fall 2016. Since its upload, it has received 6 views. For similar materials see American Constitutional Law in Political Science at Arkansas State University.
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Date Created: 09/08/16
Parts of a Brief that I Expect Students to Include - Issue o Facts (legally relevant) o Issue “as to parties” o Issue “generally” - Rule o Holding (including outcome) o Rule (could be as simple as “exclusionary rule”) o Rule Statement (the definition of the rule) o Rule Explanation (including a reference to a previous case) - Analysis o Application of the rule to the facts of the case (ratio decidendi) o Summary of the general guidance the Court gives future and other courts (ratio decidendi) o Any “by the way” comments (obiter dicta) - Conclusion o Direct answer to the Issue Statement o Restates the Issue and provides the resolution to which the Court came
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