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Civil Procedure Keyed to Yeazell
Jin v. Ministry of State Security
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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.
- 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:
Plaintiffs, a group of 51 visiting Chinese Nationals, U.S. residents, and U.S. citizens, alleged violations of their rights under the United States Constitution and Federal and State law by persons associated with the People’s Republic of China. The Plaintiffs practice Falun Gong, a self-improvement discipline. Plaintiffs allege that in an effort to eradicate Falun Gong, the government of the People’s Republic of China published a series of negative articles about the practice in state-run newspapers. Over the next few years, the government issued a ban on Falun Gong literature, and began a media campaign describing it as a cult whose members advocated criminal activity. They further allege that the government ultimately killed 1,500 practitioners, and imprisoned 50,000 more. Plaintiffs further alleged that the Chinese government began a negative media campaign in the U.S. to vilify the Falun Gong practice among Chinese nationals living in the U.S. Ultimately, Plaintiffs filed a defamation suit against the Defendant Ministry of State Security of China, following a news event put on by the Chinese government in which Falun Gong members lit themselves on fire. Plaintiffs alleged supplemental jurisdiction over the Ministry as the defamation suit arose under state law. Defendants moved to dismiss the defamation claim under Federal Rule of Civil Procedure 12b (1) and (6).
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.