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Administrative Law Keyed to Strauss
Bowen v. Michigan Academy of Family Physicians
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- 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.
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- 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:
The Secretary contended that Section:1395ff(b), which authorized “appeal by individuals” impliedly foreclosed administrative or judicial review of Part B by failing to authorize such review while simultaneously authorizing administrative or judicial review of any determination under Part A. Second, the Secretary asserted that Section:1395ii, which made Section:405(h) of the Social Security Act (SSA) applicable to the Medicare program, expressly precluded review not otherwise provided in the statute. Both the District Court and the Court of Appeals rejected the Secretary’s contention of judicial preclusion.
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- Policy: Identifies the Policy if any that has been established by the case.
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