SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Shanor
Dames & Moore v. Regan
Citation:
453 U.S. 654 (1981)Facts
On November 15, 1979, the Treasury Department issued a regulation nullifying attachments of any properties in which Iran had an interest. On December 19, 1979, Dames & Moore sued the Government of Iran and other entities for $3,436,694.30 plus interest for services performed under contract. The District Court issued orders of attachment.
On January 20, 1981, Iran released American hostages pursuant to an Executive Agreement between Iran and America. The agreement called for the termination of litigation between the government of the United States and Iranian nationals, and the government of Iran and American nationals. It also called for the establishment of a claims tribunal to arbitrate the claims. President Carter also issued executive orders establishing the terms of the agreement. The agreement also required the United States to nullify attachments and judgments obtained in legal proceedings in American courts involving claims of American nationals and institutions against Iran and its state enterprises, and to transfer all Iranian assets held in American banks.
On February 24, President Reagan issued an executive order ratifying President Carter’s executive orders. President Reagan also suspended all claims that may be presented to the claims tribunal, and established that those claims would have no legal effect in any actions pending in American courts.
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.