Confirm favorite deletion?
Constitutional Law Keyed to Chemerinsky
Alexia Morrison, Independent Counsel v. Theodore B. Olson
Facts
The Ethics in Government Act (the Act) created the position of independent counsel to investigate high-ranking officials for federal criminal violations. If the Attorney General receives information that a government official may have violated federal law, he is required by the Act to make a preliminary investigation and report to the Special Division (three judges) of the D.C. Circuit Court of Appeals. If further investigation is needed, the Special Division must appoint an independent counsel to investigate further and prosecute if necessary. The Independent Counsel can only be removed by the Attorney General for “good cause” or it terminates when all investigations and prosecutions are complete. The Appellees, Theodore B. Olson, Edward C. Schmults and Carol E. Dinkins (Defendants), was the subject of an investigation by the Independent Counsel and Appellant, Alexia Morrison (Appellant). The Court of Appeals held the Act was unconstitutional.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.