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Constitutional Law Keyed to Farber
United States v. Nixon
Citation:418 U.S. 683 (1974)
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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:
Agents of the Committee to Re-elect the President (CREEP) broke into the Democratic National Headquarters at the Watergate Hotel on June 17, 1972 and were apprehended. They implicated officials in the campaign to reelect President Nixon. In May, the President named Archibald Cox as a special prosecutor to investigate any White House involvement in a cover-up. John Dean, former White House Counsel, implicated the President himself in June and in February 1974, the House authorized the Judiciary Committee to commence impeachment proceedings against the President. On a trial, the President was named as a co-conspirator to defraud the U.S. Upon motion by the special prosecutor, a subpoena was issued, requiring the President to produce tapes, memoranda, and other writings relating to specified meetings with the President. The President moved to quash the subpoena on the grounds of executive privilege. The district court denied the motion.
- 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.