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Constitutional Law Keyed to Maggs
Andrus v. Allard
Citation:444 U.S. 51 (1979)
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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:
The Eagle Protection Act and the Migratory Bird Treaty Act are conservation statutes designed to prevent the destruction of certain species of birds. The Acts prohibit commercial transactions in parts of birds that are protected under the statutes, and regulations promulgated by the Secretary of the Interior apply the prohibition to birds killed before the statutes were in force. Appellees were engaged in the trade of Indian artifacts, a number of which are partly composed of feathers of birds protected by the statute, and some of them were prosecuted for selling artifacts in violation of the statute and regulations. They sued alleging that the regulations violated the Fifth Amendment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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