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International Law Keyed to Damrosche
Sahin v. Turkey
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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.
- 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:
Sahin (P) had a traditional background of family practicing Muslims and considered it her religious duty to wear the Islamic headscarf. When she was in her 5th year at the faculty of medicine of the University of Istanbul in 1998, the Vice-Chancellor of the University issued a circular which stipulated that students with beards and wearing the Islamic headscarf would be refused admission to lectures, courses and tutorials. Sahin (P) was denied access to a written exam and the University authorities refused to enroll her in a course and to admit her to various lectures and other written exams because of the Islamic headscarf she was putting on. She later left the University to further her studies in Vienna and had lived in Vienna since then. Before leaving Istanbul, Sahin (P) filed an application against the Republic of Turkey (P) with the European Commission of Human Rights and Fundamental Freedoms alleging that her rights and freedom under the Convention had been violated. A judgment was rendered by the European Court after it heard 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.