Briefing cases- the issue | Law homework help

Please readd the case before answering the question.

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Now that you’ve written out the facts from the ScanScout case, it’s time to find the issue.  The issue section in every case base includes just one thing:  The question presented to the court.  You remember from writing the facts section that there were two sides and that they disagreed.  What did they disagree about?  Why did this case go to the appeals court?  One side lost in the lower courts and that side argues he should not have lost.  What his that side’s argument?  That is the question that will be presented to the court at appeal, so that is the “issue” and it is what belongs in your issue section.


Note:  The issue in a case typically starts with the word, “whether.”  Example: “Whether the lower court judge was in error when he ruled that…..”  Notice that the issue does not end in a question mark.  The issue is the question presented to the court, yes, but it should appear in your brief as a statement starting with the word, “Whether.”


Do not continue with more case facts in your issue section.  Case facts belong in the facts section and not the issue section.


Your assignment this week is to find the issue in the ScanScout case.  There is no minimum word requirement.  You are only required to find the issue but note: there may be more than one issue so make sure you thoroughly review the case.  You can submit your work in the text section of the drop box or as an attachment in MS Word.




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