Your case brief is due at the end of Week 5 of class. Briefing a case entails summarizing a court opinion, also called a case. A paralegal’s job revolves around writing. Often, paralegals will draft documents for attorney, such as correspondence with clients and other attorneys, memoranda, discovery requests, and pleadings. Most of the paralegal’s written documents will incorporate the law, and all written work product requires attention to detail and sound, clear, concise writing. A paralegal must have the ability to: (1) parse through and understand the law; (2) understand how courts have applied that law in past cases; (3) understand how to apply that law to the facts of the present case; and (4) understand how to assimilate that information and predict how the court in the relevant jurisdiction is liikely to apply that law to the facts of the current case..
This week, you will demonstrate these skills by briefing the case of Fernandez v. California, 208 512 U.S. ______, 134 S. Ct. 1126, 188 L. Ed. 2d 25 (2014). You must find the case using the Online Library. You may not use any outside sources.
Case briefs are used to highlight the key information within a case for use by the briefer, as court cases can be quite lengthy. When writing case briefs, all information must be properly cited. Make sure you are not copying and pasting from your source. Most of the material should be paraphrased; quotations should make up no more than 10% of the brief. Note: since the purpose is to highlight and summarize key information, merely copying and pasting from the case does not accomplish this goal. You must summarize the facts in your own words, using quotations sparingly.
Your brief should be 1-2 pages long. Points will be deducted for spelling, grammar and punctuation errors. Please proof read your work carefully. You must use non-academic Bluebook citation format (Bluepages).
York v. Smith, 65 U.S. 294 (1995). For further information see the Bluebook in the Online Library