SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Schwartz
Paralyzed Veterans of America v. Secretary of Veteran Affairs
Citation:
308 F.3d 1262 (2002)Facts
The Chairman of the Board of Veterans’ Appeals made a written request to the VA’s General Counsel seeking legal advice on issues involved in a pending case. The request concerned whether 38 U.S.C. § 1151 contemplates compensation for VA’s failure to diagnose a veteran’s illness, and if so, what elements must be established for a claimant to prevail. The General Counsel responded with an 11-page memorandum answering these questions. Under VA regulations, such opinions are considered precedential and binding on VA officials and employees. Paralyzed Veterans of America filed a petition directly to the Federal Circuit Court of Appeals to review the validity of this opinion, describing it as a “final rule” subject to judicial review under 38 U.S.C. § 502.
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.