Gillian BERGER, et al., PlaintiffsAppellants, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, et al., DefendantsAppellees.
Each case brief must contain the following information (for more information, see How to Brief a Case on Canvas in the Week 2:
Introduction to Legal Thinking module): • Title of the Case, Citation, Year Decided, and Your Name (at the top of the page) • Word Count (must be between 850 and 1,250 words) • Facts of the Case: What are the underlying facts of the case? If the case is an appeal, what is the procedural history of the case (how did the lower courts rule)?
• Issues: What are the principal legal issues present in the case that the court must decide? • Decisions (Holdings): How did the court decide on each legal issue? • Reasoning (Rationale): Why did the court decide the way that they did on each issue? How did the judges interpret the law at issue and apply the law to the facts of the case? What was some of the important precedent cited? • Separate Opinions: Are there any concurring or dissenting opinions by any of the other judges in the panel? If so, what is the basis of their argument and why did they feel the need to write a separate opinion? (Note: If there are no concurring or dissenting opinions, you may simply put “N/A”) • Your Analysis: Do you agree with the court’s decision and their rationale, given the facts and applicable law? How would you have decided this case? Why is this case important for sport managers?
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