Problem
Case brief of Loving v. Virginia (No. 395) 206 Va. 924, 147 S.E.2d 78, reversed which is posted online. Use the following format for your brief, including the headings. Consult your book at pages 345 - 360 for an explanation and an example of case briefing. You will notice that these headings are slightly different from those in your book; please use the headings below.
1. Case Name: Appellant v. Appellee
2. Case Citation: Use the Indigo Book to cite the case properly. Do not include parallel citations. Make sure it is full citation that includes the case name and the reporter information.
3. Court: Identify the name of the appellate court rendering the opinion
4. Justices: Name of Justice writing the Court Opinion/Concurring/Dissenting
5. Procedural History: Briefly explain what happened in the lower courts and why the case is in front of the court that wrote the opinion.
6. Statement of Facts: Summarize the specific circumstances in which the issue is raised.
In two or three paragraphs (inclusive of both the procedural history section and the facts section), identify the parties involved, the kind of case, the disposition at the lower court and how the case reached the appellate court for review (procedural history). Be brief, straight to the point, and only include the facts and information that is necessary to understand the ruling in the case.
7. Issues: State what is the legal problem presented to the court. Why is the court reviewing the case?
Phrase in concise words the specific/precise (narrow) question(s) presented to the appellate court. The issue should be in the form of a question. Facts+law+question. (ie: "Is the defendant guilty of burglary under Penal Code Section 459 where he entered a carwash at 8pm at night in order to steal money from the cash box?")
8. Rules: State the rule the court applies to render their decision on the issue. Use your own words if possible. This should be the one take-away rule that you can carry away from the decision.
9. Identify the controlling (statute/case/regulation) authority that the court will apply. Be careful and recognize internal decisions that are distinguishable (non-relevant) to answer.
10. Reasoning: Explain how the cited rule, when applied to the facts of the case, answer the legal question.
Fully explain the court's reasoning process including statements of policy behind the rules when appropriate.
11. Conclusion/Holding: Identify prevailing party/disposition of case and how the question was answered or resolved by the majority of the court. Does the court agree with the lower court's decision? Look for the "magic" words: affirmed, reversed, modified, and/or remanded.
Your brief should be typewritten. Bold your headings. Pay attention to your grammar and spelling. I will also look for independent thinking and analysis.