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Administrative Law Keyed to Lawson
Little v. Barreme
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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:
During hostilities with France, a non-intercourse act was annually passed that allowed the United States President to instruct the commanders of armed vessels to stop and seize ships bound for France. Such ships would forfeit their cargo and face prosecution. A separate order given by the executive enjoined seizure of American ships sailing from France, but this was not authorized by the Act of Congress. The Flying Fish was on a voyage from, and not to, a French port when it was seized; and it was Danish and not American. The judge before whom the case was tried directed a restoration of the vessel and cargo as neutral property, but refused to award damaged because, in his opinion, there was probable cause to suspect the ship was American. The circuit court reversed because the Flying Fish was on a voyage from, not to, a French port, and therefore would not have been liable to capture even if American.
- 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.