My class is Healthcare Law.
Brief the Provena case on p. 459.
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.
This note from my Prof. for our first case brief.
My Prof. responded, You did a nice job on this for your first brief. I thought you did a particularly good job of laying out the procedure and issue sections. You missed the mark a little bit on the holding section, but then came back and did a nice job in the analysis section. I have included a few more specific notes in the document attached below.
This note from my Prof. for our 2 case brief.
The facts section is a little bit of a mess. It seems that you have included most of the facts (although the details about how the facility forced Mrs. Stowers to take injected medications and the details of her departure from the facility are missing). However, the details about who testified about what and when are really details about the case itself. In the facts section, you can say things like, “It is unclear whether Dr. Wolodzko announced that he was a psychiatrist” but what the parties testified to is not really a subject of the Facts section. With respect to the court’s holding, I want to note that this is a civil case (one individual suing another individual), not a criminal case. As a result, the defendant would not be “guilty” (a criminal case concept) but rather would be “liable for damages of the plaintiff.” Also, the “beyond a reasonable doubt” standard is similarly a criminal concept and not applicable to a civil case. In the analysis section, you discuss the plaintiff’s lack of access to a telephone in detail, but this information is not really set forth in the facts section. It’s important to lay out all of the facts you plan to discuss in the brief in the Facts section; this will give the reader an adequate background about the case to understand your analysis.
Please avoid it.
Note: you will also find instructions and an example of how to brief a case under Additional Resources near the bottom of your Modules button.
Very important: you must watch this Video before starting the writing to learn how to do Case Brief.
Case Brief: 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.