Write a Case Brief of the U.S. Supreme Court case, Holder v.
Humanitarian Law Project following the IRAC format. This Case Brief:
Holder v. Humanitarian Law Project Assignment will help further develop
your analytical skills as well as familiarize you with important Supreme Court
cases.
With every right
should come an equal responsibility. The
First Amendment to our Constitution holds rights that we hold sacred, to include
the rights to freedom of speech and the rights to freedom of association. But, as Justice Oliver Wendell Holmes has
been quoted for almost 100 years: “The most stringent protection of free speech
would not protect a man in falsely shouting fire in a theatre and causing a
panic.” Your Case Brief: Holder v. Humanitarian Law Project Assignment for
this module is to brief – Holder v. Humanitarian Law Project, 561 U.S. 1
(2010). At the end of your brief, detail if you agree with the Court’s holding
or not and why.
The Case Brief: Holder v. Humanitarian Law Project Assignment will
be 500–1,000 words. There are no outside sources; only brief the case as
reported by the U.S. Supreme Court, and use the citation provided in the correlating
module assignment.
When
“briefing” a case, grasp the problem the court faced (the issue), identify the
relevant law the court used to solve it (the rule), analyze how the court applied
the rule to the facts, and write out the outcome (the conclusion). This
prepares you to both discuss the case and to compare and contrast it to other
cases involving a similar issue.
Before
attempting to “brief” a case, read the case at least once.
Follow
the “IRAC” method in briefing cases:
Facts:
Write
a brief summary of the facts as the court found them. Eliminate facts that are not
relevant to the court’s analysis.
Procedural
History: What
court authored the opinion? The United States Supreme Court? The Ninth Circuit
Court of Appeals? If an appellate court issued the decision, how did the lower
courts decide the case?
Issue:
What
is the question to be decided on by the court? Usually, only 1 issue will be
discussed, but sometimes there will be more. What are the parties fighting
about, and what are they asking the court to decide?
Rule(s):
Determine
what the relevant rules of law are that the court uses to make its decision. These
rules will be identified and discussed by the court. What rule must the court
apply to the facts to determine the outcome?
Application/Analysis:
This
may be the most important portion of the brief. The court will have examined
the facts in light of the rule, and should consider all “sides” and arguments
presented to it. How courts apply the rule to the facts and analyze the case
must be understood in order to properly predict outcomes in future cases
involving the same issue.
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