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Constitutional Law Keyed to Stone
Burton v. Wilmington Parking Authority
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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:
The City of Wilmington created the Wilmington Parking Authority to construct parking and commercial facilities. The Wilmington Parking Authority leased a spot attached to the facility to a commercial tenant who opened a restaurant. The lease contained no requirements that the restaurant serve the general public on a nondiscriminatory basis. This action was commenced because the restaurant refused to serve the Appellant solely because he was a Negro. The Appellant sued under the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The Supreme Court of the United States (Supreme Court) found the building where the restaurant was located was publicly owned and dedicated to public use in performance of the States essential government functions.
- 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.
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