SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Chemerinsky
Horne v. Department of Agriculture
Citation:
135 S. Ct. 2419 (2015)Facts
The United States Department of Agriculture’s California Raisin Marketing Order requires a percentage of a grower’s crop to be physically set aside in certain years for the account of the government, free of charge. The government then sells, allocates, or otherwise dispose of the raisins to help maintain stable markets for raisins. Horne family members, raisin growers, refused to set aside any raisins for the government and refused its entry to the raisin storage, believing they were not legally bound to do so. The government imposed a fine equal to the market value of the missing raisins and a civil penalty for disobeying the order. The Hornes turned to the court and argued that the requirement constitutes an unconstitutional taking of their property under the Fifth Amendment.
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.