Case Brief

Case Brief: Each student will submit one case brief related SPECIAL EDUCATION. The   purpose of the assignment is to encourage the use of professional databases and to provide   generalized and practical understanding of policy in practice. All students will submit one brief.    Case Brief Breakdown –  Should describe pertinent court cases. Briefs should be type written in   12-point font; double-spaced and must include the following headings:  â€¢ Case Title and Citation  â€“ The title lists all the litigants with the plaintiff(s)  named first. It also includes the court and year in which the case was decided.  â€¢ Court Type and Level – The level and type of court in which the decision  was made should be listed.  â€¢ Facts – The facts provide the reader with a description of the actual circumstances and   events that are involved in the case.  â€¢ Issues – An issue is a disputed point or question of law upon which a legal  action is based. Usually relates to what statute  the case is based on or what legal right has been   violated. Issues may also arise concerning the process of enforcing the rights that citizens are   guaranteed. In other words, what steps in the process have been violated?  â€¢ Court’s Holding  â€“ The decision made by the court in a dispute is known as a holding(s). This   decision includes the specific decision(s), the reasons for the decision(s), the legal precedent for the   argument, and applicable statutes.  â€¢ Rationale –  This is a very important part of the case brief. You must explain the gist of the court   ruling (i.e., why the court arrived at its holding).  â€¢ Significance  of the Decision  â€“ The reviewer should consider the significance this case may   have for the field of special education and/or education in general. This is the reviewer’s   personal opinion.  â€¢ (1 section) Unresolved issues and further questions – Identify and discuss issues and   questions regarding this case.   Other cases cited – List the other cases cited by the court (e.g., Brown vs. Board of Education).   Provide a maximum of 5 other cases cited.  Important Notes: Briefs should be no less than 3 pages and no more than 5-6 pages in length.   Students are to locate their own cases using Wrightslaw or legal research databases.  Websites or Databases that are currently free include:   http://www.wrightslaw.com/caselaw.htm   http://www.lexisnexis.com/community

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