Select one of the following and write a case brief: •Miranda v. Arizona •Berkemer, Sheriff of Franklin County v. McCarty For guidelines in writing and formatting the case brief, please refer to the sample case brief and grading rubric.
Attachment 1
Attachment 2
ATTACHMENT PREVIEW
Download attachment
CRM 322 – Sample Case Brief
Case briefs should be approximately 1-2 pages in length and follow the format of the sample brief below.
Parties:
Bretons (Plaintiff) v. Central Pacific Supply Corporation (CPS) (Defendant)
Facts:
The Bretons are sought to cancel the Agreement of Sale of a leasehold interest and for damages. The
Bretons alleged that CPS had breached the Agreement by defaulting on the payment due thereon and by
vacating the premises.
Prior Proceedings:
This case was originally brought before the Land Court of the City and County of Honolulu, State of
Hawaii. The land court, after the trial, found in favor of the Bretons against CPS. Thereafter, CPS filed a
motion to set aside the findings of fact, conclusions of law and judgment, and to set the matter for a jury
trial. The land court denied the motion.
Issues presented or questions of law:
Does the land court have jurisdiction over the subject matter?
Arguments or objectives of the parties:
In answer to the Breton’s petition to cancel Agreement of Sale, one of CPS’s defenses was that the land
court lacked jurisdiction over the subject matter. Therefore any judgment rendered is invalid.
Holding/rule of Law:
“The land court is a court of limited jurisdiction, created for a special purpose, that of carrying into effect
what is known as the Torrens title scheme, derives all of its power from the statutes relating to it, and can
exercise no power not found within those statutes.” The Bretons’ petition and CPS’s counterclaim both
are breach of contract actions over which the land court does not have jurisdiction.
The judgment of the land court is void for lack of jurisdiction. The appeal is dismissed.
Rationale:
“The lack of jurisdiction over the subject matter cannot be waived by the parties.” If the parties do not
raise the issue, a court will.
..” (continues).
Relation of case to the core value of
Integrity
:
This case relates to the core value of Integrity in regard to the failure of CPS to honor the Agreement of
Sale per the terms of that agreement. The Bretons sought.
..(continues).
ATTACHMENT PREVIEW
Download attachment
CRM 322 – Grading Rubrics for Case Briefs and Research/Position Paper
Case Briefs
Each student will be assigned eight significant court cases for the purpose of researching and preparing a
written brief, which will be neatly typed and turned in as assigned.
Rating:
Exceptional
corresponds to an A (90-100). Performance is outstanding; significantly above the usual
expectations.
Proficient
corresponds to a grade of B- to B+ (80-89%). Skills and standards are at the level of
expectation.
Basic
corresponds to a C to C+ (70-79%). Skills and standards are acceptable but improvements are
needed to meet expectations well.
Novice
corresponds to a D to C- (50-69%). Performance is weak; the skills or standards are not
sufficiently demonstrated at this time.
0
This criterion is missing or not in evidence.
Criteria
Ratings
0
Novice
Basic
Proficient
Exceptional
The brief identifies the court case and
includes a brief summary of the case
0-9
10-13
14-15
16-17
18-20
The brief includes appropriate research to
support the analysis of the case
0-9
10-13
14-15
16-17
18-20
The brief clearly and logically analyzes and
discusses the topic
0-9
10-13
14-15
16-17
18-20
Grammar, spelling, and syntax are
appropriate to the college level
0-9
10-13
14-15
16-17
18-20
The brief includes a connection between
the court findings and the Saint Leo core
value of
Integrity
0-9
10-13
14-15
16-17
18-20
Score: ______ of 100
Comments:
View the Answer
Research/Position Paper
Each student is required to submit a research/position paper on a criminal justice topic. The paper must
include background, development of rationale and justifications, the student’s position on the topic, and
incorporation of the Saint Leo Core Value of Integrity. The paper must be prepared in a manner
acceptable for university-level work (i.e. neatly typed, 12-point font, and double-spaced). All sources
utilized to support the topic must be properly cited. The paper should be between 2100-3000 words
(excluding endnotes and cover page) and adhere to APA format.
Rating:
Exceptional
corresponds to an A- to A (90-100). Performance is outstanding; significantly above the
usual expectations.
Proficient
corresponds to a grade of B- to B+ (80-89%). Skills and standards are at the level of
expectation.
Basic
corresponds to a C to C+ (70-79%). Skills and standards are acceptable but improvements are
needed to meet expectations well.
Novice
corresponds to a D to C- (50-69%). Performance is weak; the skills or standards are not
sufficiently demonstrated at this time.
0
This criterion is missing or not in evidence.
Criteria
Ratings
0
Novice
Basic
Proficient
Exceptional
The paper presents both sides of the
selected topic
0-9
10-13
14-15
16-17
18-20
Clearly identifies focus and logically
analyzes one position in depth
0-9
10-13
14-15
16-17
18-20
The paper makes a connection between
the selected position and the core value of
respect, with appropriate analysis
0-9
10-13
14-15
16-17
18-20
Grammar, spelling, and syntax are
appropriate to the college level
0-9
10-13
14-15
16-17
18-20
Typed in a double-spaced APA format with
citations and references
0-9
10-13
14-15
16-17
18-20
Score: ______ of 100
Comments:
