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Family Law Keyed to Weisberg
J.D. v. Azar
Citation:925 F.3d 1291 (D.C. Cir. 2019)
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*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. Review the Facts of this case here:
In 2017, the Department of Health and Human Services, Office of Refugee Resettlement (ORR) instituted a policy that effectively barred any pregnant unaccompanied alien child in its custody from obtaining a pre-viability abortion. ORR announced that shelters were prohibited from taking any action to facilitate such an abortion without approval from the Director of ORR. Director Scott Lloyd denied every abortion request presented to him in his tenure regardless of circumstances. Under this policy, it does not matter whether the unaccompanied minor meets all of the requirements to obtain an abortion under the per the law of the state in which she is being held, whether the minor has her own funding for and transportation to the abortion procedure, or whether her pregnancy is a result of rape. A class of pregnant unaccompanied minors sought a preliminary injunction, challenging the constitutionality of the ORR’s new policy.
- 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.