This week you will write a formal legal brief in the case of Stewart v. Dutra, 543 U.S. 481 (2005). Your brief must be structured as follows: CASE NAME AND CITATION: As a header on the first page of your brief, you should state the name of the case, identify each party’s role in the case, and give the full Bluebook style citation to the case. FACTS: Who did what to whom? Include all facts the court considered significant. Summarize in your own words. DO NOT cut and paste from the opinion. PROCEDURAL HISTORY: Who is asking the court to do what? How did the case procedurally get before this court? ISSUE(S): What question or questions did the court have to answer in order to make their decision? Your issue(s) should be stated in the form of a question. Make sure you address ALL the issues in the case. HOLDING: Which way did the court answer the questions posed in the issues? What did they decide? REASONING: Why did the court decide the case the way it did? What legal standard did they use or establish? What prior cases did the Court rely upon and why? DECISION: This section gives the Judgment rendered by the court. Describe the final disposition of the case. Did the court affirm the lower court’s decision, reverse it, and/or remand it for additional proceedings? COMMENTS: Is there anything else that should be mentioned about this case? Is it a “landmark” case? Was the court “divided”? Were there any weaknesses/discrepancies in the court’s opinions? Legal case names should be done in standard “Blue Book” format. Example: York v. Smith, 65 U.S. 294 (1995). For further info see http://www.law.cornell.edu/citation and look under the “How to Cite” section. There is also a model case brief in the case of Delahanty v. Hinckley that you should review. The research requirement does NOT apply to this assignment. The brief to be in your own words, so do NOT include long quotes from the opinion itself. Your brief should be no more than 2 pages in length.
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