Northern Spotted Owl vs Lujan Case Brief
A case brief distills the essential aspects of a judicial decision. Writing briefs helpsstudents to understand and remember judicial decisions. Briefs written for this classshould be no more than 500 words and should follow the format indicated below, usingeither paragraphs or bullet points under each heading. A brief should be based on theassigned case as it appears in the textbook or in the material posted on EEE. Briefsshould be written in plain English. Avoid legalese and know the meaning of every wordin your brief. The grade for the brief will be based on the clarity, accuracy, and concisionof the brief.Please note that consulting material that has not been assigned (e.g., Wikipedia) willprobably be a waste of time, at best. Many case summaries available online containinaccuracies, do not follow the format specified below, or refer to unedited versions ofthe cases. Consulting unassigned material is not prohibited, but points will be deductedfrom briefs that cover anything excluded from the assigned material. If you do consultmaterial other than the assigned version of a case, you must provide a citation for theadditional material. In addition, you must place any quotations within quotation marks.Failure to cite or quote sources will result in a zero on the assignment, in addition topotential disciplinary action.Format for Case Briefs:Caption: Case name, court issuing the decision, year of decision.Parties: Names of parties and brief description of their role in the case. (Note that thenames of the parties may not be identical to the names in the caption.)Facts: What events initially brought the parties to court? (Describe only observableevents; Try to avoid stating the law.)Procedural History: How did the case get into this court? What was the decision of thelower court (or courts)? How does this court’s ruling affect the decision (or decisions)below?Issue (or issues): What question (or questions) does the court answer in this case? Frameeach issue as a yes-or-no question.Holding: How does the court address the issue (or issues)?Reasoning: What is the court’s rationale for the holding?Rule: What general rule of law does the holding articulate?
