Brief People V Simpson
Please brief People v. Simpson (1998) 65 Cal.App.4th 854 [76 Cal.Rptr.2d 851]],
People v. Simpson (1998) 65 Cal.App.4th 854 [76 Cal.Rptr.2d 851]
Facts: (This is the “story” that gives rise to the case. What facts are at the root of the controversy? What is the defendant accused of? Why was he arrested? Provide details that may be important to the case. If in doubt, include more detail here rather than less. Facts end with the arrest in a criminal case. 10 points.)
Procedural History: (This what happened in the lower court system. Start this part with what the defendant is charged with. Procedurally, what has happened in this case? What are the legal theories (murder? Kidnapping? Possession? etc.) that the prosecution is using? Was there a trial or a motion? Who won it? Who is appealing? Why? 10 points.)
Issue: (This is the question that this appeals court is trying to answer by hearing this case. There may be more than one question. If so, state them all, each in a separate numbered paragraph. Look for the appellant’s appeals argument(s). The issues are often based on these arguments. The issues are questions only, no background, no answers, just questions. 15 points.)
Result/Holding: (This is the answer to the issue. If there are three issues, there will be three results. This is a good part to quote. Number these and put each one in a separate short numbered paragraph. 15 points.)
Reasoning: (The is the court’s explanation of how it went from its issue to its result/holding. This is usually the longest part of the brief. It’s the part where the justice discusses the Constitution, cases/precedent, and/or statutes. Discuss each issue in a separate paragraph. Follow the RAC format discussed in chapter 1: rule/law, analysis/application, conclusion for each issue. 25 points.)
Procedural Consequences: (Does this appeals court agree with the trial court’s decision? Look for the “magic” words: affirmed, reversed, modified, and/or remanded. This part is usually just one sentence long. 5 points.)
Use this format, since part of your grade (20 points) will be based on correct formatting. Your brief should be typewritten, double-spaced, and at least two pages in length. Use a font size of 11 or 12. Underline your headings. Indent the first line of each paragraph. Pay attention to your grammar and spelling, as I will deduct points for spelling and grammar errors. I will look also for independent thinking and analysis.
This assignment assesses one of the student learning outcomes (SLOs) for our class, briefing an appellate court case. It also relates to some of the measurable course outcomes for our class:
- Compare and contrast civil and criminal procedures
- Evaluate the U.S. Constitution and the Bill of Rights
People v. Simpson is an appeals court CASE. You are writing a BRIEF (summary) of this case. The brief is simply a summary of the case, written in this particular format.