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Constitutional Law Keyed to Cohen
C & A Carbone v. Town of Clarkstown
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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:
A solid waste transfer station receives bulk solid waste and separates recyclable from non-recyclable items for shipment and further processing. The Town hired a private contractor to build a transfer station, operate it for five years, and then sell it to the Town for one dollar, in exchange for a guaranteed minimum waste flow and the right to charge haulers an $81 per ton tipping fee. To meet the annual guarantee the Town adopted a flow control ordinance which required all non-hazardous solid waste material within the town to be deposited at the new transfer station. Carbone operated a similar recycling center in Clarkstown. The ordinance permitted him to receive the waste, but required him to bring the non-recyclable residue from that waste to the transfer station. Carbone could not ship the non-recyclable waste himself, and therefore had to pay a tipping fee on trash that he had already sorted.
- 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.
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