Reference no: EM132248219

Brief Gonzales v. Raich 

• Identify the parties.

Possible questions to answer would be: Who is the plaintiff? The defendant? The appellant? The appellee?

• What is the history of the case?

Possible questions to answer would be: Who won at trial court? Who won at the lower appellate level? Who won in this decision? Please note that this is the history of the case in court-not the facts of the case.

• What are the facts?

Possible questions to answer would be: What happened that caused the plaintiff to sue? What facts did the Court find relevant in its decision?

• What is the plaintiff's theory?

Possible questions to answer would be: Why he thinks he should win? What facts does the plaintiff think are important?

• What is the defendant's theory?

Possible questions to answer would be: Why she thinks she should win? What facts does the defendant think are important?

• What is the legal issue?

Tip: this will be a question that can be answered with yes or no and should end with a question mark.

• What is the holding of the Court?

Tip: this will be either yes or no and will answer the legal issue.

• What is the reasoning of the Court?

Possible questions to answer would be: what facts and laws did the Court rely on to decide the case?; why was the case decided in the winner's favor?; why did the other side lose?

• Evaluative Question for Reflection: What do you think about this case? Was this case decided correctly? Why or why not?