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Constitutional Law Keyed to Farber
Hamdi v. Rumsfeld
Citation:542 U.S. 507 (2004)
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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:
After the terrorist attack of 9/11, Congress passed a resolution – the Authorization for Use of Military Force (AUMF) – authorizing the President to use all necessary and appropriate force against nations, organizations, or persons that he determines “planned, authorized, committed, or aided” in the attacks. As part of this response, President Bush ordered an invasion of Afghanistan to attack al Qaeda and the Taliban regime that had harbored al Qaeda. Hamdi, an American citizen, was captured in Afghanistan and after some intermediate stops was detained at a naval brig in South Carolina. Not charges were brought against him. His father filed a habeas corpus petition on his behalf and asserted that Hamdi went to Afghanistan to do relief work two months before September 11 and could not have received military training.
- 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.