SmartBrief
0
Confirm favorite deletion?
Constitutional Law Keyed to Paulsen
Buck v. Bell
Citation:
143 Va. 310, 130 S.E. 516 (1925), 247 U.S. 200, 47 S.Ct. 584 (1927)Facts
Carrie Buck was seventeen years old when committed to the State Colony for Epileptics and Feeble-Minded after being adjudged feeble-minded. She was the mother of an illegitimate child who was allegedly mentally defective, and her own mother had previously been committed to the same institution as feeble-minded. Testing indicated Carrie had the mental capacity of a nine-year-old child. The Superintendent petitioned for her sterilization, arguing that by the laws of heredity, she was the probable potential parent of socially inadequate offspring. Evidence showed that the salpingectomy operation was safe, would not harm her general health or affect her mental or moral status, and would allow her to be released from the institution and live in society under supervision. Without sterilization, she would require custodial care for approximately thirty years until natural menopause, remaining a financial burden on the state.
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.