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Administrative Law Keyed to Lawson
Zinermon v. Burch
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Respondent was found wandering along a Florida highway, appearing hurt and disoriented. He was taken into a mental health care facility, where he was diagnosed as paranoid schizophrenic, and then moved to FSH, where he signed forms requesting admission and authorizing treatment. Respondent later brought this action in District Court alleging that Petitioners deprived him of his liberty without due process of law by admitting him as a “voluntary” mental patient when he was incompetent to give informed consent to his admission. The District Court reasoned there was no feasible predeprivation remedy, and under Parratt and Hudson, the State’s postdeprivation tort remedies provided Respondent with all the process that was due him. The Eleventh Circuit panel affirmed the dismissal, but the Court of Appeals ordered a rehearing en banc. On rehearing, and the Eleventh Circuit reversed the District Court and remanded the case. The United States Supreme Court granted certiorari to define the proper scope of the Parratt rule.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.