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Constitutional Law Keyed to Farber
Hodgson v. Minnesota
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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:
Thirty-eight states had passed laws making it illegal for minors to get abortions without notifying their parent(s) and/or receiving parental consent, after the United States Supreme Court upheld a parental consent state law in Planned Parenthood v. Ashcroft, 462 U.S. 476 (1983). Eight states, including Minnesota, enacted laws requiring notification of both parents. Minnesota’s law also permitted judicial bypass of the parental-notification process as required by the Court’s decision in Planned Parenthood v. Danforth, 428 U.S. 52 (1976). The trial court struck down Minnesota’s law, finding that it was “a significant burden on a minor’s right to obtain [an] abortion” to require the minor to notify her father. The trial court found that many minors “legitimately feared violence from their fathers,” and that these minors were unlikely to use the judicial-bypass option. The trial court also found that the purpose of the law was to deter minors from having abortions and that the notification requirement and bypass option “did not serve any goal of informed consent or dialogue with mature decisionmakers.” The case came before the United States Supreme Court 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.
- 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.