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Constitutional Law Keyed to Shanor
Bush v. Gore
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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:
This case concerns the 2000 presidential election between George W. Bush (Bush) and Al Gore (Gore). Although Gore won the popular vote, the outcome of the election was dependent upon the 25 electoral votes from the state of Florida. After the deadline passed for counting votes and no winner was determined from Florida’s electoral votes, Gore relied on a Florida statute to request a manual recount of the Florida votes. The statute allowed for the recount of votes where there was an influx of illegal votes or rejection of legal votes. Gore, however, failed to provide a “reasonable probability” that the election would have turned out differently. The Florida Supreme Court reversed under the conception that the trial court improperly defined “reasonable probability,” and required Gore to prove that an influx of illegal votes were used or legal votes were excluded in the voting count. Bush sought certiorari and a stay of the recount under the United States Supreme Court.
- 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.
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