Reference no: EM133506488

Question: Read and brief National Federation of Independent Business v Sebelius (2012). The brief must include a brief statement of the facts, a formulation of the issue presented in the case, the court's rationale and its conclusion. N.B. You do not need to identify the "rule" being applied. You do not need to brief any aspect of the dissenting or concurring opinions, just the Opinion for the Court, written by Chief Justice Roberts.

• who are the parties,

• what is their dispute, and

• how did the case get to the Supreme Court?

Issue: In one sentence... What is the legal question posed by the case? State the question so that it can be answered yes or no.

Application (Rationale):

• This is the most important and challenging part of a case brief

• The court must offer a rationale for its Conclusion (what we call the "holding" of the case).

• The rationale involves the court explaining how the rule applies to the facts of the case or controversy before the court.

• The court may use analogies to other cases, discuss

Conclusion: The conclusion is the answer to the question posed in the Issue section. Found at the end of an opinion, the conclusion (or holding) is the court's deciding who won the dispute that you summarized in the "facts" section and the legal question posed by the "issue." It's a one sentence statement of the decision reached by the Court.