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Constitutional Law Keyed to Rotunda
Muskrat v. United States
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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.
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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:
Congress passed an act in 1902 allocating land to Native Americans. Subsequently, Congress passed additional acts restricting the rights of Native Americans who were previously allocated land. Then in 1907, Congress passed another act allowing Native Americansto bring suits against the United States to determine the constitutionality of those acts passed after the 1902 act, and allowing counsel for both sides to be paid from theUnited States Treasury. Muskrat (Plaintiff) and others brought suit against the United States (Defendant), contesting the constitutionality of the less favorable acts passed after 1902. This case comes on appeal to determine the Supreme Court’s scope of jurisdiction, and if Congress can expand this scope allowing for advisory opinions.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.