A case brief is an organized, written summary of the essential elements of a judicial opinion. Case briefs are useful tools to assist you in learning to analyze the law. To brief a case, you must first carefully read the case to gain an overall understanding of the facts of the case, the decision rendered by the court, and the reasoning behind the courts decision. You will summarize what the justices said in the case. Write your brief as if youre trying to explain your case to a classmate.
Watch this short video on writing case brief: https://youtu.be/y9nxeFrBT1s
For this assignment, complete the following:
Choose 1 of the 3 following cases, and use the template below to write a case brief for your selected case:
(computer fraud and abuse case)
(vulgar language in student speech case)
(flag burning or crime against government case)
What are your thoughts on the U.S. Supreme Court's ruling on your chosen case?
Briefly explain the process a case goes through to get from trial to the U.S. Supreme Court
Case Brief: Computer Fraud and Abuse Case
Case Name: United States v. Nosal
Facts:
- David Nosal left his position at an executive search firm and started a competing business.
- He used a former employee's login credentials to access the company's database, with the employee's permission but against company policy.
- Nosal was charged under the Computer Fraud and Abuse Act (CFAA) for unauthorized access to the company's information.
Issue:
Whether Nosal's use of a former employee's login credentials constituted a violation of the CFAA.
Decision:
The U.S. Supreme Court held that Nosal's actions did violate the CFAA. The Court interpreted "exceeds authorized access" under the CFAA to include accessing a computer system with authorization but using that access for an improper purpose.
Reasoning:
The Court reasoned that allowing individuals to use authorized credentials for improper purposes would undermine the CFAA's purpose of preventing unauthorized access to computer systems.
Thoughts on the Ruling:
The U.S. Supreme Court's ruling in United States v. Nosal clarified the scope of the CFAA and reinforced the importance of protecting computer systems from misuse. By interpreting "exceeds authorized access" broadly, the Court aimed to prevent individuals from exploiting authorized access for unlawful activities.
Process from Trial to U.S. Supreme Court:
1. Trial Court: The case begins at a trial court where evidence is presented, and a judgment is rendered.
2. Appeals Court: If either party disagrees with the trial court's decision, they can appeal to a higher court (appellate court).
3. Petition for Certiorari: To reach the U.S. Supreme Court, a party must file a petition for certiorari, requesting the Court to review the case.
4. Grant of Certiorari: The Supreme Court may choose to grant certiorari and hear the case if it involves significant legal issues or conflicts with previous rulings.
5. Oral Arguments: Both parties present their arguments before the Supreme Court justices.
6. Decision: The Supreme Court delivers its opinion, providing legal reasoning for its ruling, which sets a precedent for future cases.
In conclusion, the U.S. Supreme Court's decision in United States v. Nosal highlighted the importance of cybersecurity and the consequences of unauthorized access to computer systems under the CFAA, demonstrating the Court's role in interpreting and applying laws to address evolving technological challenges.