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Constitutional Law Keyed to Cohen
Connick v. Myers
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*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. Review the Facts of this case here:
The Respondent was employed as an Assistant District Attorney (ADA) in New Orleans, serving under the Petitioner, Harry Connick (Petitioner), the elected District Attorney. In 1980, the Respondent was informed that she would be transferred to another section of the criminal court, but she did not accept the transfer. Instead, the Respondent conferred with another ADA and of her own accord, composed a questionnaire, which solicited the views of her fellow staff members. After she began distributing the survey, the Petitioner returned to the office, where he told the Respondent that she was being terminated due to her refusal to accept the transfer and the act of insubordination caused by her questionnaire. Respondent brought suit in the Eastern District of Louisiana, contending that she was terminated due to her exercise of free speech. The District Court agreed and the Fifth Circuit Court of Appeals Affirmed. The Petitioner brought his Petition to the Supreme Court of the Unit ed States (Supreme Court) and was granted certiorari.
- 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.