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Criminal Procedure Keyed to Ohlin
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.
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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:
On September 11, 2001, the al Qaeda terrorist network used hijacked commercial airliners to attack prominent targets in the United States. One week later in response to these acts of treacherous violence, Congress passed a resolution authorizing the President to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks. Soon thereafter, the President ordered United States Armed Forces to Afghanistan to subdue al Qaeda and Taliban. The Government detained a man whom it alleges took up arms with the Taliban during the conflict. His name is Yaser Esam Hamdi. Born in Louisiana in 1980, Hamdi moved with his family to Saudi Arabia as a child. In 2001, when he was residing in Afghanistan, he was seized by a coalition of military groups opposed to the Taliban and eventually was turned over to the United States military. Upon learning that Hamdi is an American citizen, authorities transferred him to a naval brig in Virginia. The Government contends that Hamdi is an “enemy combatant” and that this status justifies holding him in the United States indefinitely.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.