Module Objectives

Students will be asked to make 4 case presentations during the semester, and on selected course days students will be asked to present legal briefs relative to discussion that transpired on particular legal topics. Cases will be assigned by the instructor and students are to present their findings that are carefully articulated and thoroughly researched. Do not copy or otherwise plagiarize the brief. It should be your work in your words.

Each brief should be a one-page, single-spaced paper (Times New Roman 12-point font) summarizing the case using the SIX STEP format provided below with at least one paragraph within the conclusion discussing the impact of this case and its decision to you as a future administrator. Address each of the questions or statements below. Label each section (for example, Facts, Issues, Ruling) as labeled below. Total Points: 100

HOW TO READ AND ANALYZE A CASE

Constitutions, statutes, and court cases form the legal foundation on which the public schools are based. This course will deal with the three sources, but the greatest attention will be given to case law (sometimes called court or judge made law – also called common law). This will necessitate reading court cases, which can be a tricky business unless you know what to look for.

Read the Opinion
Get the clear decision rendered
Who won? Plaintiff or defendant?
1. in the trial court?
2. in circuit (appeal) court?
3. in the highest court?
Having clearly in mind the progress of the case through the courts you are now ready to determine what the case decided. In doing so, look for the following in the opinion and in the preliminary matter preceding the opinion:
1. a statement of the facts the court assumes
2. a statement of the precise way the question has come before the court – which includes what the plaintiff wanted in the court below – what the defendant did about it – the judgment of the lower court and what the trial court did that is complained of – then the judgment of the appeals court and its reasons for doing what it did.

The above procedure does not look bad, but it is much more difficult than it may seem (especially for those not trained in the law) because all cases are decided, all opinions written, and all arguments made on certain four assumptions:

The court must decide the dispute that is before it. It cannot refuse because the job is hard, or dubious or dangerous.

The court can decide only the particular dispute that is before it. When it speaks to the point before it, it speaks ex cathedra, with authority, with finality, with an almost magic power. When it speaks to any other point it speaks with judicial dicta or obiter dictavwhich do not carry the weight of words spoken ex cathedra.

The court can decide the particular dispute only according to a general rule, which covers a whole class of like disputes. Our legal theory does not admit to single decisions standing on their own. If judges are free, are indeed forced, to decide new cases for which there is no precedent (rule) they must at least make a new rule as they decide. The practice of case law relative to rules (precedents) then might be stated as follows: It pays to be suspicious of general rules which look to wide; it pays to go slow in feeling certain that a wide rule has been laid down at all, or that, if seemingly laid down, it will be followed. For there is a fourth rule which says:

Everything, everything, everything, big or small, a judge may say in an opinion, is to be read in primary reference to the particular dispute, the particular question before him. You are not to think that the words mean what they might if they stood alone. You are to have your eyes on the case at hand and learn how to interpret all that has been said merely as a reason for deciding the case that way.

Procedure to use for Case Brief Analysis:

Citation: List the legal citation for the case. This should be the title of the paper.

Fact (s): Restate the legally relevant facts of the case. Discuss in detail what happened to get this case into the court system.

Issue(s): In one sentence, identify the question to be answered. To pick out the issue, think about who is arguing and what they are arguing about. An issue statement should include the sources of the law (for example, the First Amendment, the Oklahoma Revised Code, IDEA, etc.), the parties involved, and the issue to be decided. For example, “Was the school district guilty of discrimination?” is not significantly detailed to meet the criteria of a good issue statement. “Does the equal protection clause of the 14th Amendment prevent public school districts from maintaining separate schools based on race?” contains the necessary components of an issue statement.

Ruling: What did the courts decide? What were the results? What was the final ruling for the case?

Rationale: Why did the court make that particular decision? What precedent or social event brought the court to this particular decision? On what did the court base these answers?

Conclusion/Implications of the findings: MOST IMPORTANT How does this court decision relate to your life as an educator or administrator, and education in general? What does this court ruling mean to our profession? How will our lives be altered by this decision? How will the students’ lives be altered by this decision?