SmartBrief
Confirm favorite deletion?
Legislation and Regulation Keyed to Manning, 5th Ed.
Public Citizen v. United States Department of Justice
Citation:
491 U.S. 440 (1989)Facts
Since 1952, the Department of Justice has sought advice from the American Bar Association’s Standing Committee on Federal Judiciary regarding potential nominees for federal judgeships. The ABA Committee consists of 14 private attorneys chosen by the American Bar Association who evaluate potential nominees’ qualifications. The Department of Justice provides confidential information about potential nominees to the ABA Committee, which conducts investigations and provides ratings of candidates. The plaintiffs requested access to the ABA Committee’s meetings and records, arguing it was subject to FACA’s open government requirements. The ABA Committee refused, and the plaintiffs sued to compel compliance with FACA, which applies to committees “established or utilized” by federal agencies to obtain advice.
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.