SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Paulsen
Dillon v. Gloss
Citation:
256 U.S. 368 (1921)Facts
The petitioner Dillon was held in custody under Section 26 of Title II of the National Prohibition Act on charges of transporting intoxicating liquor in violation of Section 3 of that title. He sought release through habeas corpus on two primary grounds: first, that the Eighteenth Amendment was invalid because the congressional resolution proposing it declared it would be inoperative unless ratified within seven years, which he argued exceeded Congress’s constitutional authority; and second, that even if valid, the Act’s provisions he allegedly violated had not taken effect at the time of his alleged offense or arrest. The Eighteenth Amendment was ratified on January 16, 1919, proclaimed by the Secretary of State on January 29, 1919, and by its own terms became effective one year after ratification.
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.