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Property Law Keyed to Cribbet
City of Cleburne v. Cleburne Living Center, Inc
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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.
- 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:
Petitioner denied a special use permit for the operation of a group home for the mentally retarded, acting pursuant to a municipal zoning ordinance that required permits for such homes. Respondent purchased a building at 201 Featherston Street in Cleburne, Texas, with the intention to house thirteen mentally retarded individuals. Respondent submitted a special use permit application to the City, which was denied. Respondent filed suit in federal district court alleging that the ordinance was invalid on its face and as applied to Respondent because it discriminated against the mentally retarded in violation of the Equal Protection Clause of the United States Constitution. The district court found the ordinance to be constitutional. The United States Court of Appeals for the Fifth Circuit reversed and held that mental retardation was a “quasi-suspect” classification, which required intermediate scrutiny. Intermediate scrutiny required that the ordinance substantially further an important government interest. The court of appeals held that the ordinance did not substantially further any government interest. The Supreme Court of the United States granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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