Discuss Jakubowicz v. Dittemore, (W.D. MO.2006).

Words: 553
Pages: 3
Subject: Uncategorized

1. Case name: Include the full citation, including the date of the opinion, for future reference and
citation. An example would be as follows: State v. Holloran, 140 NH 563 (1995). Refer to Bluebook to
determine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the case brief so
you can find material again quickly within a case.
3. Procedural History: What happened to the case before it arrived in this court? If it is an appellate
case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g.,
jury verdict, summary judgment). You may need to look up procedural phrases with which you are
unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely to know what
these are until you have read the entire opinion. Many cases may include procedural facts that are
relevant to the decision in addition to the facts that happened before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes specific facts as
well as a legal question. It may be expressed or implied in the decision. Cases may have more than
one issue.
6. Holding/Decision: The legal answer to the issue. If the issue is clearly written, then the holding can
be expressed as “yes” or “no.” (Be careful not to confuse the holding with implicit reasoning. See # 8
below.)
7. Rule: The general legal principle(s) relevant to the particular factual situation presented in the case.
8. Reasoning: The logical steps the court takes to arrive at the holding. It can be straightforward and
obvious, or you may have to extrapolate it from the holding. Some reasoning is based on social
policy, which tells you why the holding is socially desirable. Understanding the reasoning behind a
decision is essential.
Additionally, considering the Saint Leo University core value of integrity, specifically comment on
whether voluntarily agreeing to submit to a non-mandatory drug test constitutes an opportunity to
demonstrate personal integrity or whether asserting the right to refuse to submit to a drug test might
also constitute a demonstration of integrity. Provide rationale for your position.
9. Disposition: A statement of what the court actually did in the case (affirmed, overruled, etc.)
10. Dissent/Concurrence: Although this part of the opinion is not considered law, it may help you better
understand some information about the legal reasoning in the case. Not all cases have a dissent or
concurrence, while some may have more than one.
11. Comments: Include your own responses to the case here. For example, does the reasoning make
sense? Is the holding consistent with other cases you have read? Is the case relevant to the question
you are trying to answer? This is a good place to note connections between the case you are briefing
and other cases you have read.

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