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Evidence keyed to Waltz
Upjohn Co. et al. v. United States et al
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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:
Petitioner company, Upjohn, was notified that a foreign subsidiary made questionable payments to a foreign government official in order to obtain government contracts. Petitioner’s general counsel responded by forwarding questionnaires to management throughout the company in order to identify the extent of the practice. The Internal Revenue Service issued a summons for the questionnaires and follow-up interviews to determine the tax implications, but Defendant would not comply, citing attorney-client privilege. The trial court Magistrate ordered Defendant to comply with the summons because Defendant waived the privilege and the government successfully argued for the necessity of the documents. The United States Court of Appeals for the Sixth Circuit reversed the waiver of the privilege, but still ordered the compliance to the summons because the work was not prepared by officers responsible for legal advice.
- 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.