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Constitutional Law Keyed to Farber
Rust v. Sullivan
Citation:500 U.S. 173 (1991)
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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:
Title X of the Public Health Services Act established funding for family-planning services. Section 1008 of the Act provided that none of the funds shall be used in programs where abortion is a method of family planning. In 1989, the Department of Health and Human Services issued new regulations, Title X projects must refer every pregnant client for appropriate prenatal and/or social services by furnishing a list of available providers that promote the welfare of the mother and the unborn child. The list may not be used indirectly to encourage or promote abortion. Title X projects are expressly prohibited from referring a pregnant woman to an abortion provider, even upon specific request.
- 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.