BRIEFING CASES- THE ANALYSIS SECTION

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.BRIEFING CASES- THE ANALYSIS SECTIONThe analysis section in a case brief contains the Court’s analysis of the issue in the case.  It is important to note that the analysis section of a case brief does NOT contain your own personal analysis.  The analysis section is where you use your own words to explain how the Court reached their decision.To do so, you have to start by reading what the Court said in their appellate review of the case.  What factors did they Court consider?  Which ones were the most important to the Court?You may be familiar with the Miranda v. Arizona case where the Court determined that police must read our rights to us before they can ask questions.  Here is a sample analysis section from the Miranda case.  Notice how you see only the Court’s analysis.  Here is that example:“The basis for the Court’s conclusions was the determination that police interrogation as conceived and practiced was inherently coercive and that this compulsion, though informal and legally sanctionless, was contrary to the protection assured by the self-incrimination clause, the protection afforded in a system of criminal justice which convicted a defendant on the basis of evidence independently secured and not out of his own mouth. In the Court’s view, this had been the law in the federal courts since 1897, and the application of the clause to the States in 1964 necessitated the application of the principle in state courts as well. Therefore, the clause requires that police interrogation practices be so structured as to secure to suspects that they not be stripped of the ability to make a free and rational choice between speaking and not speaking. The warnings and the provision of counsel were essential, the Court said, to this type of system.”For this assignment, write the analysis section of your brief of the Scanscout case.  The minimum word requirement is 200 words.  Make sure you only include the Court’s analysis and not your own.  Remember:  Briefs are based only on the appellate opinion that you have before you.  For that reason, briefs never include references.200 Words