Confirm favorite deletion?
Evidence keyed to Fisher
U.S. v. Doe
Facts
Respondent owned several sole proprietorships. During a governmental investigation into possible corruption with the awarding of county and municipal contracts, Respondent was served with a total of five subpoenas. The subpoenas sought telephone records, bank statements, cancelled checks, and lists of business records from Respondent’s businesses. Respondent filed a motion to quash the subpoenas, which was granted by the District Court for the District of New Jersey. The District Court, however, did not grant the motion to quash with respect to, “those documents and records required by law to be kept or disclosed to a public agency,” such as W-2 statements. The Court of Appeals for the Third Circuit affirmed the District Court’s grant of the motion to quash, holding that the turning over of such records by an owner of a sole proprietorship would essentially admit the records’ existence and their authenticity, and therefore violate the Fifth Amendment. At the Court of Appeals level, the government argued that it had offered to not use Respondent’s act of production against Respondent in any way. However, the Court held that since no formal request for immunity had been made under the applicable federal statute, Respondent’s motion to quash was properly granted by the District Court. The United States Supreme Court granted certiorari to determine whether the Court of Appeals’ holding affirming the District Court’s grant of Respondent’s motion to quash the subpoena was proper.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.