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Property Keyed to Merrill
Perry v. Sindermann
Citation:408 U.S. 593
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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:
The plaintiff, Perry, served several years as a teacher in the Texas College and University System. During his time as a professor of Government and Social Science at Odessa Junior College he was elected president of the Texas Junior College Teachers Association. In that capacity, Perry testified before the Texas Legislature numerous times, and became embroiled in public disagreements with the policies of the college’s Board of Regents. He became associated with a group advocating a change opposed by the Regents and, on one occasion, a newspaper advertisement appeared over his name that was highly critical of the Regents. When Perry’s one-year employment contract came up for renewal the Board of Regents voted not to offer him a new contract. The Board of Regents then issued a press release setting forth allegations of Perry’s insubordination, but never provided him an official statement of the reasons for nonrenewal. The Odessa college has no tenure system, but has a policy indicating it wishes faculty to feel as if they had permanent tenure as long as teaching services are satisfactory and as long as they display a cooperative attitude toward co-workers and superiors, and they remain happy in their work.
- 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.