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Constitutional Law Keyed to Maggs
Muskrat v. United States
Citation:219 U.S. 346 (1911)
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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 the 1800s, the United States reserved millions of acres of land for the Cherokee Nation. This land mostly was held in common by Cherokee Nation and was not owned by individual citizens of the Cherokee Nation. In 1902, Congress enacted legislation allotting to each citizen of the Cherokee Nation a portion of the reserved property. In 1904 and 1096, Congress enacted legislation that increased the number of persons who would have claims to the property. The 1907 Act conferred jurisdiction upon the court, with the right of appeal, by either party, to the Supreme Court of the United States, to hear, determine and adjudicate each of said suits. The Act also provided that the suits brought shall be brought against the United States as a party defendant. The plaintiffs filed suit pursuant to the 1907 Act.
- 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.