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Constitutional Law Keyed to Cohen
Kahn v. Shevin
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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:
Kahn (P) is a widower in Florida, which has a property tax exemption for widows. The application of the statute to widowers was denied by the tax assessor’s office. Kahn (P) filed a case against Shevin (D) who is the tax assessor, asking the court to declare the Florida judgment a violation of the Equal Protection Clause in the Fourteenth Amendment, which guarantees the same protections under law to all people in like circumstances. The ground of his objection was the word “widow” in the tax classification, which is purely gender-based. The Florida Supreme Court declared the classification to be a valid one insomuch as the purpose of the statute under which the classification came was to reduce the gulf between a man and a woman in terms of their economic capabilities.
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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.
- 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.
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