My class is Healthcare Law
Brief Simkins v. Moses Cone Memorial Hosp. on p. 21-22-23.
Students are required to utilize the following analytical framework for briefing cases:
- Procedure. Who are the parties? Who brought the action? In what court did the case originate? Who won at the trial-court level? What is the appellate history of the case?
- Facts. What are the relevant facts as recited by this court? What were the parties’ arguments?
- Issues. What are the precise issues being litigated, as stated by the court? This section should not include an analysis of the issue, but only state the legal question the court was required to decide. E.g. “The United States Supreme Court considered whether an Oklahoma state law requiring mandatory sterilization of thrice-convicted felons violated the Fourteenth Amendment of the United States Constitution.”
- Holding. What is the court’s precise holding (decision)? (The holding should “answer” the question presented in the “Issue.”) What was the court’s specific rationale for that decision?
- Analysis & Implications: Are there any facts that you would like to know but that are not revealed in the opinion? Do you agree with the way the court framed the issues? Do you agree with the Court’s rationale? What does the case mean for healthcare today? What were its implications when the decision was announced? How should healthcare administrators prepare to deal with these implications? What would be different today if the case had been decided differently?
Your brief should be written in complete sentences using the above headings. This will help you to organize your brief and require you to locate the essential elements. Please note that reliance upon Showalter’s analysis of a particular case in the white pages of your text will be insufficient to complete your case brief. Although it is acceptable to use another author (like Showalter) to support your analysis, I am looking for YOUR analysis.
Note: you will also find instructions and an example of how to brief a case under Additional Resources near the top of your Modules button.
Very important: you must watch this Video before starting the writing
Bi-Weekly Case Briefs: Students are expected to write a Case Brief for the assigned case located in the “Apply” folder for each module. The framework for analyzing the cases (and creating your Case Brief) can be found in the “Preview” folder in Module 1 and in “How to Brief a Case”, a video located under the Additional Resources tab.
Page guideline: 2 pages.