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Constitutional Law Keyed to Choper
Branzburg v. Hayes
Citation:408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972)
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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.
- 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:
This matter consisted of 3 separate matters combined into one appeal for judicial efficiency.
Branzburg, a Kentucky reporter, wrote articles describing his observations of local hashish-making and other drug violations. He refused to testify before a grand jury regarding his information.
Pappas, a Massachusetts TV newsman-photographer, was allowed to enter and remain inside a Black Panther headquarters if he disclosed nothing. When an anticipated police raid did not occur, he wrote no story. Summoned before a local grand jury, he refused to answer any questions about what had occurred inside the Panther headquarters or to identify those he had observed.
Caldwell, a reporter covering the Black Panthers was summoned to appear before a federal grand jury investigating Panther activities. A federal court issued a protective order providing that although he had to divulge information given him, he could withhold confidential information developed or maintained by him as a professional journalist. Caldwell disregarded the order and was held in contempt.
- 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.