Option B is incorrect because although the facts of the case involved Dred Scott’s travel to another state, federal regulation of interstate travel by enslaved people was not an issue before the court. Option A is incorrect because representation in newly acquired territories is decided by an act of Congress and not the Supreme Court. The decision was overturned after the Civil War by passage of the Fourteenth Amendment, which granted citizenship to all people born in the United States. Answer expanded Option D is correct because the court ruled in the Dred Scott case that African Americans were not citizens. The decision denied citizenship status to all African Americans, whether free or enslaved.Īnswer Enter to expand or collapse answer.The decision preserved the balance of representative power between free states and slave states.The decision required the United States government to regulate the interstate travel of enslaved people.The decision increased the number of congressional representatives to include the Wisconsin territory.Which of the following was an effect of the Supreme Court decision in Dred Scott v. It will help you see the case in a different light.Domain I-Social Studies Content Competency 001-(History): The teacher understands and applies knowledge of significant historical events and developments, multiple historical interpretations and ideas and relationships between the past, the present and the future, as defined by the Texas Essential Knowledge and Skills (TEKS).ġ. Therefore, you should describe the analysis in your case brief. Did the court decide in favor of the plaintiff or the defendant? What remedy, if any, did the court grant? If it is an appellate court opinion, did the court affirm the lower court's decision, reverse it in whole or in part, or remand the case for additional proceedings?Ĭoncurring and dissenting opinions are included in a casebook when they present an interesting alternative analysis of the case. Starting with the first issue, describe each link in the court's chain of reasoning.ĭescribe the final disposition of the case. This section of the case brief may be the most important, because you must understand the court's reasoning to analyze it and to apply it to other fact situations, such as those on the exam. You now should describe the court's rationale for each holding. Describe the court's rationale for each holding. For quick reference, first state the answer in a word or two, such as "yes" or "no." Then in a sentence or two, state the legal principle on which the court relied to reach that answer (the "holding").ħ. In this section, separately answer each question in the issues section. To analyze a case properly, you must break it down to its component parts. In this section of the brief, state the factual and legal questions that the court had to decide. You are now ready to describe the opinion you are briefing. For an appellate court opinion, also describe how the trial court and, if applicable, the lower appellate court decided the case and why. For a trial court opinion, identify the type of legal action the plaintiff brought. The next section of the brief, the procedural history, begins at that point and ends with the case's appearance in the court that wrote the opinion you are reading. With the statement of facts, you have taken the case to the point at which the plaintiff filed suit. Because you will not know which facts are legally relevant until you have read and deciphered the entire case, do not try to brief a case while reading it for the first time. Similarly, if the plaintiff and defendant presented different versions of the facts, you should describe those differences only if they are relevant to the court's consideration of the case. For example, in a personal injury action arising from a car accident, the color of the parties' cars seldom would be relevant to the case's outcome. A fact is legally relevant if it had an impact on the case's outcome. Include in your brief only those facts that are legally relevant. This section is necessary because legal principles are defined by the situations in which they arise. Use the right caption when naming the brief.Ī brief should begin with the case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook. Regardless of form, every brief should include the following information in steps 2-9.Ģ. You should use the format that is most useful for your class and exam preparations. There are many different ways to brief a case.
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