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Constitutional Law Keyed to Choper
Korematsu v. United States
Citation:323 U.S. 214, 65 S.Ct. 193, 89 L.Ed. 194 (1944).
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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:
In response to the Japanese attack on Pearl Harbor during World War II, the U.S. government decided to require Japanese-Americans to move into “relocation centers” as a matter of national security. President Franklin Roosevelt signed Executive Order 9066, giving military officials the legal authority to exclude any and all persons from designated areas on the west coast in order to ensure against sabotage and espionage. Congress implicitly ratified the Executive Order by providing that the violation of an implementing order by a military commander constituted a misdemeanor punishable by fine or imprisonment.
Korematsu, a Japanese-American man living in San Leandro, CA chose to stay at his residence rather than obey the order to relocate. Korematsu was arrested and convicted of violating the order. He responded by arguing that Executive Order 9066 violated the Fifth Amendment.
- 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.