SmartBrief
0
Confirm favorite deletion?
Constitutional Law Keyed to Choper
Ferguson v. Skrupa
Citation:
372 U.S. 726 (1963)Facts
In the early 1960s, Kansas enacted a statute that made it a misdemeanor for any person to engage “in the business of debt adjusting” except as an incident to “the lawful practice of law.” The statute defined “debt adjusting” as making contracts with debtors to collect and distribute money to creditors according to an agreed plan, for a fee. Skrupa operated a business called “Credit Advisors” that engaged in debt adjusting as defined by the statute. He filed suit arguing that his business was useful, desirable, and not inherently immoral or dangerous, and therefore could not be absolutely prohibited by the state. The three-judge District Court heard evidence from both sides—Skrupa presented evidence of the usefulness of his business, while state officials presented evidence that debt adjusting was subject to abuses against distressed debtors, particularly those with lower incomes. The District Court found the Kansas statute unconstitutional, relying on earlier precedents like Adams v. Tanner that had used due process to invalidate economic regulations.
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.