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Question
Read Texas v. Johnson, 491 U.S. 397 (1989) and People v. Decina, 138 N.E. 2d 799 (N.Y. App. 1956). Then summarize each case by creating a case brief Case Brief Guide Adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach,et al., 1.2. 3.4.5. 2007). Case name: Include the full citation, including the date of the opinion, for future reference and citation. For example, State v. Holloran, 140 NH 563 (1995). Procedural History: What happened to the case before it arrived in this court? If it is an appellate case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g., jury verdict, summary judgment). Issue: What question did the court decide in this case. It usually includes specific facts as well as a legal question. Cases may have more than one issue. Rule: The general legal principle(s) relevant to the issue(s) presented in the case. Facts: Include only the facts that were relevant to the court's decision. You are unlikely to know what these are until you have read the entire opinion.
Analysis: Explain the court's reasoning. How did the court arrive at the holding? Understanding the reasoning behind a decision is essential (This should be the longest portion of your case brief). Conclusion: The legal answer to the issue, or the court's holding.
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How did the Greek view of the relationship between man and nature influence their conception of the Gods?
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