Confirm favorite deletion?
International Law Keyed to Damrosche
The Paquete Habana: Country at war (P) v. Fishermen (D)
Facts
an appeal of a district court decree condemning two fishing vessels and their cargoes as prizes of war was brought by the owners (D) of two separate fishing vessels. Each of the vessels were fishing smack that were sailing under the Spanish flag, running in and out of Havana and these vessels regularly engaged in fishing on the coast of Cuba.On each vessel, the cargoes on it contained fresh fish which the crews had caught. The owners of these vessels were not aware of the existence of a war or any blockage until they were stopped by the blockading United States.The owners of the vessels had no form of incriminating thing such as arms and ammunition and they did not even attempt to run the blockade after they became aware of its existence and they willingly gave in when they were apprehended. The argument the owners (D) brought as their appeal was that both customary international law and the writings of leading international scholars recognized an exemption from seizure at wartime of coastal fishing vessels.
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.