SmartBrief
Confirm favorite deletion?
Legislative Process Keyed to Bressman, 4th Ed.
Barber v. Gonzales
Citation:
347 U.S. 637 (1954)Facts
Gonzales was born in the Philippine Islands in 1913 when it was U.S. territory, making him a U.S. national. He moved to the continental United States in 1930, while still a national. In 1941, he was convicted in California of assault with a deadly weapon and sentenced to one year in jail. In 1950, he was convicted in Washington of second-degree burglary and sentenced to a minimum of two years. In 1951, immigration authorities ordered his deportation under §19(a) of the Immigration Act of 1917, which allowed deportation of aliens who “after entry” had been sentenced more than once for crimes involving moral turpitude. The government argued that the Philippine Independence Act of 1934 changed Gonzales’s status to that of an alien for immigration purposes.
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.