Property Law Keyed to Cribbet
Moore v. City of East Cleveland
Facts
The City of East Cleveland adopted a housing ordinance, which limited the occupancy of a dwelling unit to a single family. The ordinance had an unusual definition of what constituted a family, which recognized only a few categories of related individuals and had the effect of making it illegal for Moore (Appellant) to live with her grandsons where she lived with her son, his son, and another grandson. In 1973, Moore received a notice of violation from the City, stating that the grandson who was not her son’s son was an “illegal occupant” and directed Appellant to comply with the ordinance. The City then filed a criminal charge when Appellant refused to remove the grandson. Appellant was convicted and sentenced to five days in jail and a $25.00 fine. The Court of Appeals of Ohio affirmed after considering Appellant’s claims that the ordinance violated the Due Process Clause of the Fourteenth Amendment. The Supreme Court of Ohio denied review. The Supreme Court of the United Sta tes noted probable jurisdiction and reviewed the case.
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.