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Property Keyed to French
Andrus v. Allard
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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.
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- 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.
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- 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:
The Federal Eagle Protection Act (FEPA) protects two species of eagle, the bald eagle and the gold eagle, by disallowing the sale of any eagle eggs or body parts. However, the law does not protect against any legally obtained eagle parts before the law went into effect in 1940. Allard (Plaintiff) has sold and continues to sell Native American Artifacts which in some instances, traditionally include feathers from these now protected eagles. The Secretary of the Interior (Andrus)(Defendant) created a new regulation now forbidding the sale of all feathers even if legally obtained before 1940. Plaintiff was eventually prosecuted for continuously selling eagle feathers as part of a native American artifact in direct violation of the new regulation. Plaintiff claims the new regulation does not prohibit the sale of feathers obtained before the year 1940 and if the court did find that the regulation did, then the regulation was a direct violation of his fifth amendment right pursuant to the takings clause. The District Court ruled in favor of the Plaintiff. Defendant appeals.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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