FACT: Summarize the relevant fact of the case, i.e., the parties, their relationship, the events leading to the dispute.

FACT: Summarize the relevant fact of the case, i.e., the parties, their relationship, the events leading to the dispute.

CASE BRIEFING

[Specific form]
1. FACT: Summarize the relevant fact of the case, i.e., the parties, their relationship, the events leading to the dispute. 2. ISSUE(question): What is/are the legal quetion(s) to be answered? 3. RULE: List the rules (laws and case rules) which are to be applied to the analysis of the case./You can apply list of amendments. 4. ANALYSIS (reasoning): The reasoning of the court’s decision, which may include the arguments of the parties. 5. CONCLUSION (answer to question): The answer to the legal question above, and the rule that this case will stand for in the future

[Three Standards of Review]
The 14th Amendment equal protection clause guarantees equal protection to those similarly situated when the state acts. Similarly, the 5th Amendment due process clause guarantees the same equal protection to those similarly situated when the federal government acts.
1. Strict Scrutiny: A law or governmental action violates the equal protection clause if (1) a fundamental right or suspect trait is involved,and (2) the government cannot show that the action is narrowly tailored to address a “compelling state interest.”

– Fundamental rights are in the Bill of Rights, 1st Amendment (religion, speech, association), 4th Amendment (arrest, search, seizure), 5th Amendment (double jeopardy, self incrimination), 6th Amendment (right to counsel, confront witness, speedy trial, public jury), 8th Amendment (cruel and unusual punishment), and constitutional rights such as to privacy, travel, vote, etc..
– Suspect traits are race, alienage (if state, not federal, law), or national origin.
2. Intermediate Scrutiny: A law or governmental action violates the equal protection clause if the government cannot show that the law or action is related to an “important 

government objective.”

– Quasi-suspect classifications are gender, poverty, illegitimacy.
3. Rational Basis: A law or governmental action violates the equal protection clause if there is a “rational basis” upon which the law or action relates to any “legitimate government interest.”
–Every law or governmental action is reviewed under this standard unless it falls in the quasi-suspect or suspect/fundamental rights categories above.

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