Constitutional Law Keyed to Cohen
Bacchus Imports, Ltd. v. Dias
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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:
In 1939 Hawaii imposed a tax on liquor to pay for police and other governmental services that the Hawaii legislature concluded had been increased due to the consumption of liquor. At its inception the tax did not exempt local liquor, but subsequently the legislature wanted to encourage development of the Hawaiian liquor industry so it enacted exemptions for several liquors produced locally. Liquor wholesalers that paid the 20% excise tax sued to recover all the taxes paid, arguing that the Hawaii liquor tax was in violation of both the Import-Export Clause and the Commerce Clause of the United States Constitution. They requested a refund of approximately $45 million.
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.