Constitutional Law Keyed to Cohen
Legal Services Corporation v. Velazquez
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. Review the Facts of this case here:
The Legal Services Corporation (LSC) (D) is a nonprofit organization charged with allocating funds appropriated by Congress to local organizations who received grants to provide free legal assistance to clients too poor to afford such help otherwise. Section 504 (a)(16) of an appropriation s act passed in 1996 puts conditions to the use of such funds, in that LSC cannot fund any organization which provides legal representation to clients who wish to amend or pose any other type of challenge to the present welfare laws . This section was taken by the government to mean that grantee organizations should desist from continuing to represent clients in a case relating to welfare laws even if it becomes clear that the law may violate the constitution and so be challenged as invalid, well into the case. It is also taken to mean that the client’s lawyer may not challenge a state law as not agreeing with federal law, or that either a state or federal statute is against the constitution. Grantees are given the right to argue for correcting a factual determination or for proper reading and application of any term in a currently held welfare law. The LSC grantees were represented by lawyers who sued seeking declaratory relief, among other things, by invalidating the statute, as being a violation of the First Amendment. The district court decided against them, but this was reversed by the Second Circuit Court of Appeals. The U.S. Supreme Court granted a petition for review.
- 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.