SmartBrief
0
Confirm favorite deletion?
Constitutional Law Keyed to Maggs
Bush v. Gore
Citation:
531 U.S. 98 (2000)Facts
In 2000, the day following the Presidential election, the Florida Division of Elections reported that petitioner Bush had received 2,909,135 voters and respondent Gore had received 2,907,351 votes, a margin of 1,784 for Governor Bush. Because Governor Bush’s margin of victory was less than one-half of a percent of the votes cast, an automatic machine recount was conducted under the Florida election code, the results of which showed Governor Bush still winning the race but by a diminished margin. Gore then sought manual recounts in four counties. After litigation, the Florida Supreme Court ordered the Florida Secretary of State to include in the certified election results the totals produced by the manual recounts if they were submitted by 5:00 pm on November 26. Some of the counties requested a brief extension, which the Secretary of State denied. The Secretary then certified Bush as the winner by 537 votes.
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.
Topic Resources
5m 39sTopic Outline 
Topic Refresher Course 
Topic Charts & Notes 