5th Amendment

1. Identify the case facts.
State the facts of the case. Why was this case heard by the Supreme Court?  What constitutional question was being decided.

2. Outline the procedural history.
Lower court beginnings.  Where did this case first appear and how did it proceed through the court system.

3. State the issues in question.
In this section of the brief, state the factual and legal questions that the court had to decide.

4. Describe the court’s rationale for each holding.
You now should describe the court’s rationale (why they decided the way they did). This section may be the most important, because you must understand the court’s reasoning to analyze it and to apply it to law and other court cases.  You are explaining how the court applied the US Constitution.

5. Explain the final disposition.
Describe the final disposition of the case. Did the court decide in favor of the plaintiff or the defendant?

6. Include other opinions.
Concurring and dissenting opinions are sometimes included and can help understand both sides of a court’s decision.

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