CASE BRIEF—- Worcester v. Georgia, 31 U.S. 6 Pet. 515 515 (1832)
WRITE THIS BRIEF IN FORMAT BELOW, NOT IN PAPER FORM. GO NUMBER TO NUMBER, each number is a paragraph of explanation! SEE BELOW.
1) Title, citation, and date of case (worth 5 points)
2) State the Procedural Posture of the case. How did the case get to supreme court? What Statute, constitutional clause, or action triggered the dispute? (worth 10 points).
3) State the Facts of the case. Briefly describe what happened, and only refer to the most important facts. Do not confuse this with the procedural posture of the case (worth 10 points)
4) State the Issue in the case. What is the precise legal question (in the form of a question) that the Court is considering? There may be more than one legal question. (worth 15 points)
5) Summarize the reasoning employed by the court to support its holding. In this section, you must summarize significant concurrent and or dissenting opinions if any. THIS IS A CRITICAL SECTION OF THE BRIEF (WORTH 40 points) *Just do the majority opinion. How does Marshall walk through it/what does Marshall think?
6) State the Holding in the case. After describing the holding, tell me the significance of the ruling. What is the impact of this ruling as it pertains to the sovereignty or existence of tribes and indigenous people? Does it limit or expand the tribes’ ability to self govern? (worth 20 points).
TIPS: when writing your brief, use plain English and avoid Legal jargon. Avoid simply transcribing sentences and paragraphs from the text of the case. Explain the case in your OWN words. Do not plagiarize by copying material from Westlaw, Lexus Nexus, Find law, or Another similar source.
When reading the case, use Oyez.