Confirm favorite deletion?
International Law Keyed to Damrosche
The Case of the S.S. Lotus (France v. Turkey)
Facts
A collision occurred shortly before midnight on the 2nd of August 1926 between the French (P) mail steamer Lotus and the Turkish (D) collier Boz-Kourt. The French mail steamer was captained by a French citizen by the name Demons while the Turkish collier Boz-Kourt was captained by Hassan Bey. The Turks lost eight men after their ship cut into two and sank as a result of the collision.Although the Lotus did all it could do within its power to help the ship wrecked persons, it continued on its course to Constantinople, where it arrived on August 3. On the 5th of August, Lieutenant Demons was asked by the Turkish (D) authority to go ashore to give evidence. After Demons was examined, he was placed under arrest without informing the French (P) Consul-General and Hassan Bey. Demons were convicted by the Turkish (D) courts for negligence conduct in allowing the accident to occur.This basis was contended by Demons on the ground that the court lacked jurisdiction over him. With this, both countries agreed to submit to the Permanent Court of International Justice, the question of whether the exercise of Turkish (D) criminal jurisdiction over Demons for an incident that occurred on the high seas contravened international law.
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.