Read the entire case: syllabus/abstract, majority decision and any/all dissenting decisions. Read the entire case carefully and make notes of relevant facts and issues. Then, begin the legal analysis of the case using the following model.
I. PARTIES TO THE CASE: Identify the parties to the case. Who is the moving party often referred to as the plaintiff or petitioner. Who the case is against often referred to as the defendant or respondent.
II. FORUM: Identify the legal venue/forum where the case was heard (i.e. US Supreme Court, US 10th Circuit Court of Appeals, etc.)
III. STATUTE(S) INVOLVED IN THE CASE: Identify the underlying statutes involved in the case and provide a brief, one or two sentence, overview of the statute.
IV. STATEMENT OF FACTS: Identify the relevant facts presented in the case by the moving party and the relevant rebuttal facts presented by the responding/defending party. You should sort critically read the case and decide what information, ideas, and facts are important and crucial in examining the case before the court.
V. LEGAL ISSUE STATEMENT: Identify and articulate the critical issues presented for the court to decide, i.e., the "unresolved questions" that court was asked to resolve. For example, in Vinson v. Meritor Savings the Supreme Court was asked to determine if severe and pervasive conduct of a sexual nature in the workplace was considered sex discrimination under the 1964 Civil Rights Act. You should sort through the facts and categorize them to identify the key elements of the case. What are the real problems? What issues are disguised or masked by other statements or concerns that might lead you astray in your analysis? While one may identify many legal issues in any case, For our purpose identify the two or three most significant key legal issues for each case. The legal issue statements should begin with the key words: "The legal issue is: 'Is it legal to ....?, or does it violate the law to....?'"
VI. PRIOR DESCISIONS: If the case is an appeal of a decision, or decisions, reached by lower courts and/or government agencies, identify those decision makers and write a paragraph or two of their findings and the reasons those findings/decisions were appealed
VII. DECISION OF THE COURT: What was the decision the Court, often times referred to as the majority opinion. You should provide a detailed explanation of what the court decided in the case....how they interpreted the law, legal principles/guidance established by the Court, etc. For purposes, this is the heart of why we review cases and, as such, this section should contain sufficient detail to fully explain the decision.
VIII. DISSENTING OPINIONS: Dissenting opinions are sometimes filed by the justice(s) who disagree with the majority opinion of the court. The opinions set forth the dissenting justices view of the case and the decision they believe should have been reached by the court. Though these decisions have no force of law in terms of deciding the case, they can reveal other legal theories that might be open for pursuit in the future and give a window into alternative views of the law that may signal where the Court might move in a future case.
OBSERVATIONS: You should summarize your case study with a couple of paragraphs as to your observation of the case and issue at hand. What impact might this decision have in the workplace and in how we manage employees? What actions would you recommend an employer take to ensure compliance with the Court's decision?
Choose to write a case brief from any of the four cases below:
- NLRB v Health Care & Retirement Corp. of America - 511 US 571 (1993)
- Electromation v NLRB - 35 F3d 1148 (7thcircuit 1994)
- Purple Communications v NLRB - NLRB Case: 21-CA095151
- NLRB vWeingarten - 420 US 251 (1975)
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