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Conflicts Keyed to Currie
Allen v. McCurry
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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:
During the trial in which he was convicted of heroin and assault offenses, McCurry (Plaintiff) questioned the constitutionality of the search and seizure that had occurred. The court denied his suppression motion in part, and he was convicted. He was not able to seek a federal writ of habeas corpus because he did not allege that the state courts had denied him a “full and fair” opportunity to litigate his search and seizure claim. Still, he sought federal court redress for the alleged constitutional violation by bringing a damage suit under 42 U.S.C. 1983 against the officers, including Allen (Defendant), who had conducted the search. The district court held collateral estoppel barred relitigation of the issue. The court of appeals reversed, concluding that the only route to a federal forum McCurry (Plaintiff) had for his constitutional claim was his 1983 suit.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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