Briefing Cases- The Holding Section

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For this discussion, you will be reviewing a complaint against a company called Upromise. Start by following this link:ftc.gov/os/caselist/1023116/index.shtm.

 

150 Words. 

 

 

The holding section in a case brief contains the Court’s answer to the question presented in the case.  What was the question presented?  You will find that in the issue section. 

 

Using the Miranda case one more time, the question presented “Whether statements obtained from an individual who is subjected to custodial police interrogation are admissible against him in a criminal trial and whether procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself are necessary.” 

 

Here is an example of a holding section using the Miranda case.  Notice how the holding addresses the question presented: “The Court held that there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.  As such, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.  By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”

 

The Court further held that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would otherwise do so freely.  Therefore, a defendant must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.”

 

The Supreme Court reversed the judgment of the Supreme Court of Arizona in Miranda.”

 

For this assignment, write the holding section of your brief of the Scanscout case.  The minimum word requirement is 150 words.  Make sure your holding section addresses the question you presented in the issue section that you wrote in week three.

 

Briefs are based only on the appellate opinion that you have before you.  For that reason, briefs never include references. 

 

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