SmartBrief
0
Confirm favorite deletion?
Constitutional Law Keyed to Stone
Nebbia v. New York
Citation:
291 U.S. 502 (1934)Facts
In 1933, New York established a Milk Control Board with authority to fix minimum and maximum retail prices for milk. This legislation was enacted in response to a milk industry crisis during the Great Depression, where milk prices had fallen below production costs, threatening the stability of the industry and the state’s milk supply. The Board set nine cents as the minimum price at which stores could sell a quart of milk. Leo Nebbia, who owned a small grocery store in Rochester, sold two quarts of milk and a five-cent loaf of bread for eighteen cents, thereby selling the milk below the mandated minimum price. He was subsequently convicted of violating the Board’s order. Nebbia challenged his conviction, arguing that the price regulation violated his due process rights under the Fourteenth Amendment by interfering with his freedom to conduct business and set prices as he saw fit.
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.