First Amendment · WikiFramers

The User's Mini-Guide

Model Constitutional Law Case Brief

The first four fields are the brief you already know from first year. The last four are what this course adds, and they are the whole point — they are the same four questions the Mini-Guide ends on. Do not skip them because they are harder than the facts.

Name: ______________________________


The case

Case name:

Year decided:

Doctrinal topic:

Opinions, by whom and for whom:


The first-year brief

Key facts:

Issues:

Holding or holdings:

Rationales:


What this course adds

1. Which sources are used in the assigned opinion or opinions?

Text · intent · precedent · history, tradition or experience · social or textual structure · natural law · the judge’s own values.

2. How is each used; to what effect, or toward which outcome?

3. Is their use in this opinion, to produce this outcome, consistent with their use in other similar or analogous opinions?

4. If not, why not?

Does logic, reason or a factual difference explain the inconsistency — or does the inconsistency seem to stem from a strategic manipulation of the sources to produce an inconsistent outcome?

Prepared for this course by Jorge R. Roig, building on the User's Mini-Guide originally prepared by, and used with permission from, Francisco Valdés, University of Miami School of Law. © 2011–2020 Jorge R. Roig.