You have no doubt seen the ways in which the Supreme Court made decisions that brought about significant change for the entire country. It is also true that the Supreme Court makes decisions that affect public administration and public policy.
For this assignment, you will focus on how case law both guides and affects public policy.
Begin by researching a Supreme Court case of interest to you and pertaining to an oral argument. The Oral Argument 2.0: October 2019 TermLinks to an external site. website offers a list of recent cases you might want to consider.
Then, using your chosen case, write a case brief. Consult the Briefing CasesLinks to an external site. website for further explanation of what a case brief is and what the steps are to writing one. You should also review How to Write a Case Brief [PDF] and take a look at the following example case briefs:
Case Brief Example 1 [PDF].
Your case brief should be 2–3 pages and include the following:
Provide a caption identifying your case and brief.
Identify the facts of the case.
State the procedural history of the case.
Identify the issue in question.
State the holdings in your own words.
Describe the court’s rationale for each holding.
Explain the final disposition.
Include other opinions.
Rael v. Cadena, 93 N.M. 684, 604 P.2d 822 (Ct. App. 1979)
Parties
Eddie Rael, Plaintiff-Appellee
Emilio Cadena and Manuel Cadena, Defendants-Appellants
Prior Proceedings
Eddie Rael sued Emilio and Manuel Cadena for civil battery. The trial court, sitting without a
jury (bench trial), found Emilio jointly liable with Manuel for the battery.
Emilio appealed the judgment of the trial court.
Facts
While visiting Emilio Cadena’s home, Eddie Rael was beaten by Emilio’s nephew, Manuel
Cadena. After the attack began, Emilio yelled to Manuel “kill him!” and “hit him more!” Emilio
never actually struck Rael nor physically participated in the battery. Rael was hospitalized as a
result of the beating.
Issue
Under New Mexico tort law, does liability for battery arise when an individual, present during
the battery, encourages the perpetrator of the battery by yelling “kill him” and “hit him more,”
thus inciting the perpetration of the battery, though he takes no actual part in the physical
beating?
Rule
Yes. An individual may be liable for battery by encouraging or inciting the perpetrator by words
or acts.
Analysis/Reasoning
The rule of law in the United States is: Civil liability for assault and battery is not limited to the
direct perpetrator, but extends to any person who, by any means, aids or encourages the act.
The act of verbal encouragement at the scene may give rise to liability because the perpetrator
is goaded and encouraged at the behest of the person encouraging the battery. Here, Emilio
encouraged Manuel to beat Rael and to continue to beat him. The battery may not havePAD525
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occurred or continued but for Emilio’s encouragement. Therefore, Emilio had some part in the
beating even though he never physically contacted Rael. Thus, Emilio is liable for the battery for
aiding in its commission and encouraging the act.
Conclusion (holding/disposition)
The judgment against Emilio Cadena is affirmed.
Note: Notice the use of the IRAC format in the outline; also notice the use of here…/because…
in the analysis. Although you may not understand why now, it is invaluable when taking exams
to learn to analyze cases in this manner. Do not worry if you do not fully understand these
concepts now. You will be learning these strategies during your first year in legal research/
writing and the substantive classes.
