SANTOBELLO v. NEW YORK, 404 U.S. 257 (1971)
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August 7, 2017
SANTOBELLO v. NEW YORK, 404 U.S. 257 (1971)
Project description
When briefing a case, read through the opinion first, identifying important facts
Write out the Heading:1. Case Name2. Court Name3. Date of the Decision
Facts:
Identify the relationship/status of the parties (not just plaintiff/
defendant)
Procedural History:
The disposition of the case in the lower court(s) that explains how the case got to the court whose opinion you are reading.
Issue:
The point of law in dispute. In question form.
Court Decision :
(or judgment) Affirmed/Reversed/Reversed and Remanded. Don’t confuse with Holding
Holding:
The statement of law that is the Courts answer to the issue.
Rule of Law:
The is the rule of law that the court applies to determine the substantive rights of the parties.
The rule of law:
could be based on- statute- regulation- common law (prior holdings)
Reasoning:
The court’s analysis of the issues and the heart of the case brief.It’s the way in which the court applied the rules or legal principles to the particular facts in the case to reach its decision.
Concurring/Dissenting OpinionsWhy?
A concurring judge may agree with the decision but not the reasoning.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=404&invol=257
