Pell versus Procunier 417 U.S. 817 (1974) Case Brief

Pell versus Procunier 417 U.S. 817 (1974) Case Brief

Pell versus Procunier 417 U.S. 817 (1974) Case Brief

Law: Does this section include a correct citation and clear statement of the law(s) under which the dispute arose, including provisions of federal or state constitutions, federal or state statutes and regulations, federal or state court opinions, and city ordinances? Do not discuss the outcome in this section.
Facts: Does this section include a concise, clear summary of the central case facts and date(s) of the original issue or event?
Litigation history: Does this section map out how this case reached this point in the legal process? Does it include a summary of the significant, substantive legal actions up to this point? Exclude procedural issues.
Question: Does this section include a clear statement of the central legal question(s) that focus on the First Amendment or communication law in the case?
Plaintiff’s arguments: Does this section include a clear statement of the fundamental argument(s) made by the plaintiff(s)?
Respondent’s arguments: Does this section include a clear statement of the fundamental argument(s) made by the respondent(s)?

 

Pell versus Procunier 417 U.S. 817 (1974) Case Brief: Outcome: Is the case outcome, including the vote (when applicable), included?

Pell versus Procunier 417 U.S. 817 (1974) Case Brief

What was the meaning of the outcome to the plaintiffs and respondents in this case? The vote must be included in this section.
Precedent: Does this section identify what precedent was set in this case? Is a clear paraphrase that includes the takeaway or precedent from the case included in this section?
Dissent: This section is only required if there is a dissenting opinion. Does this section include a clear, concise statement regarding the decision’s dissenting opinion(s)?

Ethical issues: Does this section address ethical questions that are raised by the case? If you think the legal outcome conflicts with good ethical practices, note them here
Context
• Does the context portion of the brief place the case in its historical context? • Does the context portion incorporate outside information and sources?
• Is it clearly written?
Mechanics:
• Is the brief
• Does the brief use proper grammar and spelling?
Plagiarism:
• Any sections of the brief that include unattributed, unquoted passages from another source will receive a zero.

The context portion
The context portion of the assignment requires the student to put the case into its legal or historical context. This part of the assignment is separate from the brief and goes on a second page. The context should be about 500 words. It should include references to cases before and after yours. Excellent assignments will include a citation or two to books or law reviews. This part of the assignment is intended to help students to connect the dots between their case and precedents that came before and after.