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Administrative Law Keyed to Strauss
Cleveland Board of Education v. Loudermill
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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 dismissed because of his dishonesty in filling out his application. He was classified as a civil servant, pursuant to Ohio Rev. Code Ann. Section:124.11, and could only be dismissed “for cause” and could “obtain administrative review if discharged,” under Section:124.34. Respondent filed an appeal with the Cleveland Civil Service Commission (Commission), and argued that he thought his 1968 larceny conviction was a misdemeanor, not a felony. Reinstatement was recommended by the referee, but the full Commission upheld the dismissal. In District Court, Respondent alleged that Section:123.34 was unconstitutional on its face because it did not provide an employee with notice and an opportunity to respond prior to removal; and also unconstitutional as applied because discharged employees weren’t given prompt post-removal hearings. The District Court dismissed for failure to state a claim for which relief could be granted because the statute’s procedures were followed; held the post-termination hearing adequately protected Respondent’s liberty interests; and the delay in the administrative appeal was acceptable in light of the Commission’s crowded docket. The Court of Appeals, however, found that Respondent had been denied due process.
- 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.