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International Law Keyed to Damrosche
The Justice Case” (Case 3), United States v. Josef Altstoetter 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:
A series of trial took place at Nuremberg after the end of the Second World War and some other locations in Germany under the Control Council Law No. 10 (C.C. Law 10). The Control Council consist of U.S. (P), U.S.S.R (P), France (P) and England (P) representatives respectively and it also governed occupied Germany. Trials were held before U.S. judges in U.S. occupied zones. In order to try what was called the “Justice Case” where the Defendants (D) were judges in the Nazi regime, the U.S. Military Government for Germany created the Military Tribunal III in 1947.Among the charges brought against the defendants were “judicial murder and other atrocities which they committed by destroying law and justice in Germany, utilization of empty forms of legal process for the persecution, enslavement and extermination on a large scale”, conspiracy to commit war crimes against civilians in German-occupied territories (including German civilians and nationals), against soldiers of countries at war with Germany and crimes against humanity. Some of the accused were charged as being members of the SS, SD and Nazi Party leadership corps, all of which had been declared criminal organizations. Although all the defendants pleaded not guilty, the Military Tribunal III gave its judgment.
- 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.