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Property Keyed to Merrill
Horne v. Department of Agriculture
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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:
As required by an order from the United States Department of Agriculture (USDA), the federal government obtained a portion of raisin farmers’ raisin crops for government use. With the raisin crops, the government would sell the raisins to stimulate and retain a healthy raisin market. Additionally, the government would keep the revenue from the sales. The Hornes, raisin growers, refused to give any of their raisins to the government. Thereafter, the government fined the Hornes for their refusal. The Hornes instigated this action against the government on the grounds that the USDA order was an unconstitutional taking of property under the Fifth Amendment. Nonetheless, the United States Court of Appeals for the Ninth Circuit held in the government’s favor, finding the raisin-reserve requirement did not constitute a taking. The United States Supreme Court granted certiorari.
- 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.