Admiralty Law/ Stewart vs Dutra

Subject: Law

This week you will write a formal legal brief in the case of Stewart v. Dutra. This case can be found under the "Resources" link. Your brief should be

structured as follows:

FACTS: Who did what to whom? Include all facts the court considered significant. Summarize in your own words. DO NOT cut and paste from the opinion.

PROCEDURAL HISTORY: Who is asking the court to do what? How did the case procedurally get before this court?

ISSUE(S): What question or questions did the court have to answer in order to make their decision? Your issue(s) should be stated in the form of a question. Make sure

you address ALL the issues in the case.

HOLDING: Which way did the court answer the questions posed in the issues? What did they decide?

RATIONALE: Why did the court decide the case the way it did? What legal standard did they use or establish? What prior cases did the Court rely upon and why?

CONCURRING/DISSENTING OPINIONS: Some (not all) cases have formal separate opinions written by concurring or dissenting judges. Summarize any that are included after

the majority opinion.

Legal case names should be done in standard “Blue Book” format. Example:
York v. Smith, 65 U.S. 294 (1995). For further info see https://www.law.cornell.edu/citation
and look under the “How to Cite” section. For more information on case brief format see:

https://lawschool.about.com/od/casebriefs/ht/howtocasebriefs.htm
https://www.lib.jjay.cuny.edu/research/brief.html

The research requirement does NOT apply to this assignment. Just use the case that I have provided. I want the brief to be in your own words, so do NOT include long

quotes from the opinion itself.

Your brief should be no more than 2 pages in length.

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