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Evidence keyed to Fisher
Swidler and Berlin v. U.S
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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:
In 1993, various employees were dismissed from the White House Travel Office. Subsequently, the Office of the Independent Counsel began an investigation into whether certain persons made false statements and/or obstructed justice in the course of the firings. Foster, then Deputy White House Counsel, met with Hamilton, an attorney at Petitioner law firm, to discuss the investigation; at the meeting, Hamilton took three pages of handwritten notes. The government then, at the request of the Independent Counsel, issued subpoenas to Petitioners, seeking Hamilton’s handwritten notes. Petitioners, arguing that the notes were attorney work product and therefore privileged under the work product and attorney-client privileges, filed a motion to quash. The District Court granted Petitioners’ motion to quash, but the Court of Appeals reversed that decision, holding that the work product privilege did not apply and that the attorney-client privilege should not necessarily apply after the death of the client.
- 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.