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Constitutional Law Keyed to Feldman
Gibson v. Florida Legislative Investigation Comm
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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:
The Florida legislature suspected members of the local NAACP branch of being Communists and unsuccessfully demanded a membership list. The Petitioner, Mr. Gibson (Petitioner), president of the local NAACP branch was ordered by the court to bring records pertaining to the identity of the NAACP members and contributors. Relying on the First Amendment to the United States Constitution (Constitution), he chose not to furnish the records and opted to answer questions about members based on personal knowledge. The prosecutors gave him names of members previously identified as being Communists. He testified that none of them were members of the NAACP branch. For his failure to produce the records, the state court found him in contempt and sentenced him to six months’ imprisonment and fined him $1200.00.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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