How to Identify the Important Facts of the Case
Elements of the case:
In each case that you are examining, separate
the case into the competing parties, the actions that each of the parties took;
the values which the actions of each of the parties support; and the legal bases
for each of the parties' actions.
- Parties:
- The person, group, or organization which came into conflict with another
person, group or organization.
- One party is the individual or group that believes its rights are being violated/abridged.
The other is often a government, company, or agency who has interacted with the
first party. (For example, "Topeka School Board" is a party.)
- Actions:
- Those events or behavior taken by a party which led to the conflict in
question. (When filling out the actions of the two parties, remember to phrase
them in the form of a gerund. A gerund is a verb which has an "ing" ending.
For example, "requiring
blacks to attend segregated schools" is an action.)
- Values:
- Those things (beliefs, objects, ideas, etc...) which a person considers
important and affects his actions. (When filling out the values of the parties
remember to phrase them in the form of a noun. For example, "equal
protection" is a value.)
- Legal Bases:
- The Constitutional basis or bases that grants a right or authority to the
parties in support of the actions they have taken. (When filling out the legal bases remember to include
all relevant amendments. For example, "the
Fourteenth Amendment" is a legal basis.)