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Constitutional Law Keyed to Cohen
Board of Education v. Pico
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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:
After attending a conference sponsored by Parents of New York United (PONYU), the Petitioners obtained a list of books that the politically conservative group found to be objectionable. Upon returning to the schools, the Petitioners found that nine of the listed books were in their libraries and they appointed a book review committee to determine whether the books were, in fact, objectionable. When the Respondents learned of the impending restriction, they brought suit in the District Court, seeking injunctive relief from the pulling of the books. The District Court granted summary judgment in favor of the Petitioners. The Appeals Court overturned the summary judgment and granted injunction on behalf of the Respondents. After, the Petitioners filed petition with the Supreme Court of the United States (Supreme Court), which 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.