Administrative Law Keyed to Lawson
Kimm v. Department of Treasury
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Kimm testified that he believed the agency’s regulations allowed him to make a “minor deviation,” in light of his wife’s medical emergency, to bring his son to daycare. He cited a number of minor deviations that were standard practice-such as finding a place to eat while on a mission, testified that the agency was lax in the enforcement of its GOV regulations, and cited a number of incidents to support his belief. The AJ found that Kimm did not act with the requisite knowledge or disregard that his GOV use constituted a nonofficial use, and that Kimm thought he had discretion to rectify a family emergency while still making the best use of his time to perform agency functions. The Board reversed the initial decision and sustained the suspension, and Kimm petitioned for review.
- 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.