Case Brief Arizona v. Grant

Criminal Law and Procedure Case Brief Assignment

The information below is to b used to complete the case briefing exercise Arizona v. Gant.

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CASE BRIEF FORMAT

1. Cite the case as: Arizona v. Gant

556 U.S. 332

2. Parties: - List the parties as Appellant and Respondent. (Name the Appellant and the Respondent)

3. Facts: - Give the facts of the case. Be thorough in providing the necessary facts so that the reader knows what the case is about and why it went to the Supreme Court. The reader could be someone other than me that has no prior knowledge of the case. Inasmuch, the facts should be brief and to the point

4. Procedural History – What was the decision of each of the lower courts? (List each court that heard the case and its decision.)

5. Issue – Why is the matter before the Supreme Court? What is the question before the court? (Issues are stated as a question)

6. Law - Identify the applicable law(s) that the Court uses in coming to its holding.

7. Analysis - Explain the court’s analysis and rationale. What reason did the court give for its decision? (This is a brief explanation.)

8. Holding - What was the Court’s decision? (This holding relates back to the issue. It answers the question.)

9. Dissenting/Concurring Opinions - Are there any opinions of judges that did not vote with the majority. Concurring opinions are those from judges who voted with the majority, but who differed in rationale (reasoning).

Reading and briefing a case is not a five minute or thirty minute exercise. Read the case once for content. Read it a second time to gain an understanding of the issues. Thirdly, read a third time taking notes under each brief caption. Lastly, brief the case for final form for submission.

THIS ASSIGNMENT IS DUE DEC 1, 2015