Constitutional Law Keyed to Chemerinsky
Dolan v. City of Tigard
ProfessorTodd Berman
CaseCast™ – "What you need to know"
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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:
Respondent codified a development plan in its land use regulations. In particular, the code requires that businesses located within the Central Business district devote 15% of their land to open space and landscaping. Respondent later noted that automobile traffic was increasing and decided to encourage alternative methods of transportation by building a bicycle and walking path along the business corridor. This goal was achieved by requiring new business development to donate land for the pathway. Respondent also adopted a Master Drainage Plan for the flood plain located around the creek. Petitioner owns a plumbing and electric supply store in the Central Business District and within the 100-year flood plain. She applied for a permit to double the size of her establishment. Respondent approved the permit, but conditioned it on the dedication of 7,000 square feet, approximately 10%, of Petitioner’s property for easements.
- 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.