Brief a case: Estelle v. Gamble, 429 U.S. 97 (1976)

Brief a case: Estelle v. Gamble, 429 U.S. 97 (1976)

Brief a case outlining the issues of the cases and the holding of the court(s). Submit written brief of 2 pages. A case brief will include the (1) citation (where to find the case); (2) a summary of the facts; (3) the issue(s) before the court; (4) the judicial conclusion or statement of law by the court; and the (5) holding of the court. The written brief will be a summary of no more than 2 pages. This is a brief not a long. If you take a quick look on the Internet, there are a number of tools that will help you in creating your case brief. How To Brief A Case Our friends at the University of Virginia have developed a guide for briefing cases. http://people.virginia.edu/~rjb3v/briefhow.html A GUIDE TO LEGAL CASE BRIEFS I. CITATION What materially happened? Was there, for example, a collision on the high seas? A dispute over territory? B. Legal From what legal circumstances did the case originate? Did two states agree, for example, to submit their dispute to an arbitral tribunal? Was an opinion sought from the I.C.J.? III. LEGAL ISSUES A. Specific What specific legal questions does this case raise? For example, does the proximity of Ruritania to Zombie Island give Ruritania a legal basis for making a territorial claim for Zombie Island? B. General What more general legal questions does this case raise? For example, is “proximity” a legitimate basis under international law for making a territorial claim for an island? IV. THE HOLDING What decision was made? That is, in support of which side did the court hold? What legal reasoning informed the court’s decision? What rules of law, for example, did it apply? How did it interpret legal principles, documents? How did it construe the facts? VI. QUESTIONS What existing legal questions, if any, are unresolved by this case? What new questions, if any, does it raise? From what specific source is the case taken? For example, was the case reported in the U.S. Supreme Court Reports? II. THE FACTS A. Material

Brief a case: Estelle v. Gamble, 429 U.S. 97 (1976)
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