APA style essay regarding the Supreme Court Landmark case District of Columbia v. Heller (2008) – Firearms in the home for self defense3-5 pages with a cover page and site/resource pageModel Case Brie

APA style essay regarding the Supreme Court Landmark case District of Columbia v. Heller (2008) – Firearms in the home for self defense
3-5 pages with a cover page and site/resource page
Model Case Brief Template and Sample:
Name of the case,
(and year of the decision).
Who
are the parties to the lawsuit,
is their dispute, and
did they get to the Supreme
Court?
In your own words
, only include the few
important
facts necessary to understand the case; e.g. the
time of day a defendant was arrested is usually
important, etc.
: 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
to the basic legal question in the case. Also include the vote
count: majority/plurality—concurrence(s)—dissent(s)
***Majority Opinion Reasoning:
What is the majority’s
explanation why
it reached its holding? You
will want to create a summarized, condensed, paraphrased outline of the court’s reasoning. The reasoning
simply consists of two things: the RULE and the APPLICATION (of the rule to the facts of the case):
Rule:
rule of law is announced in the case? A court first must announce a specific
controlling principle of law (e.g. the court’s interpretation of a constitutional provision, NOT the
constitutional provision itself!) that applies to the issue in the case. This is also the abstract, general legal
principle that will be applied to all future cases involving this issue, using this case as a precedent, and it is
important to understand under what factual circumstances the rule applies. Often the court will usually
explain why the rule is being created or applied, such as the origin of the rule, or the policy behind the rule
existing, and also will often explain why any alternative rules proposed by the parties or the dissenting
justices are being rejected. Here the court usually looks at the words of a constitutional or statutory
provision, the original intent behind that law, and public policy arguments. These are not the rule itself, but
the explanation of, or justification for, the rule
. You must quote precisely the actual rule itself
(but not the
explanation for the rule) that the court finally adopts and decides to apply; the actual wording of the rule
itself is known as the “black letter law.” The rule itself
be quoted because
every
word matters: there is
huge
difference between “a” and “the” or between “may” and “must” etc. But the justification for the rule
should be primarily in
your own words
How
does the rule of law specifically apply given the specific facts of the case at
issue? In other words, given the rule of law that should apply, which party wins according to that rule
given the facts of the case being heard? The reasoning of the court here should consider the facts of the case,
and might analogize or distinguish the facts of the current case to the facts of earlier similar or related
cases. You should explain all this
, quoting only an occasional word or phrase.
Concurring Opinion(s) Reasoning
: What is the reasoning of each separate concurrence (justices who
agreed with the majority’s holding but disagreed with the majority’s reasoning)? How do they differ in
their proposed rule or application (or both)?
Dissenting Opinion(s) Reasoning:
What is the reasoning of each separate dissent (justices who disagreed
with both the majority’s holding and its reasoning)? How do they differ in their proposed rule or application
(or both)?







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