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Constitutional Law Keyed to Shanor
Ex Parte Quirin
Citation:317 U.S. 1 (1942)
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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.
- 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. Review the Facts of this case here:
All but one of the petitioners were self-admitted citizens of Germany, and the United States and Germany were at war. They were trained at a sabotage school in Germany, where they learned about explosives and methods of secret writing. They traveled to the United States by submarine, carrying weapons along with them, and wearing German Marine Infantry uniforms when they arrived. They were detained by the Federal Bureau of Investigation (FBI).
The President appointed a military commission to try the petitioners for offenses against the law of war and the Articles of War. The President also issued a Proclamation providing that individuals from countries at war with the United States who entered the United States through coastal or boundary defenses and are charged with sabotage, espionage, or other enumerated crimes would be subject to the law of war and jurisdiction of military tribunals.
- 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.