SmartBrief
Confirm favorite deletion?
Appellate Advocacy Keyed to Meador, 2nd Ed.
National Labor Relations Board v. Amalgamated Clothing Workers of America, AFL-CIO, Local 990
Citation:
430 F.2d 966 (1970)Facts
The National Labor Relations Board determined that Amalgamated Clothing Workers of America, AFL-CIO, Local 990 had violated Section 8(b)(1)(A) of the National Labor Relations Act by threatening employees with loss of employment if they did not join the union. The Board’s decision turned on credibility determinations that were supported by substantial evidence in the record. The NLRB petitioned the Fifth Circuit Court of Appeals for enforcement of its order. The Fifth Circuit characterized this as a “run-of-the-mill Board Order” that turned entirely on credibility choices that were amply supported by the evidence. The court used this case to demonstrate its newly implemented Rule 21, which allowed for summary disposition without a written opinion.
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.