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Family Law Keyed to Weisberg
Elonis v. United States
Citation:135 S. Ct. 2001 (2015)
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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.
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- 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:
Elonis frequently posted messages of a threatening nature on Facebook. He threatened his estranged wife, police officers, a kindergarten class, an FBI agent, and park patrons and employees. Among other incidents: He posted self-style rap lyrics with graphically violent language and imagery. He posted a photograph of him and a coworker on Halloween where Elonis was holding a toy knife against the co-worker’s throat with the caption “I wish.” He frequently posted crude, degrading, and violent material about his soon-to-be ex-wife (“I’m not going to rest until your body is a mess, soaked in blood and dying from all the little cuts”). He also posted an adaption of a satirical sketch he and his wife watched together, modifying it to say that he wants to kill his wife. At the bottom of the post, Elonis also wrote “Art is about pushing limits. I’m willing to go to jail for my Constitutional rights. Are you?”
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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