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Constitutional Law Keyed to Farber
United States v. Windsor
Citation:United States v. Windsor, 570 U.S. 744, 133 S. Ct. 2675, 186 L.Ed.2d 808 (2013]?";p[[[[['
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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 Defense of Marriage Act was enacted in 1996. Section 3 of the Act states that, for the purposes of federal law, the words “marriage” and “spouse” refer to legal unions between a man and a woman as husband and wife. After the passage of the Act, some states authorized same-sex marriage. While DOMA did not prevent states from recognizing same-sex marriages or civil unions and allowing benefits under them, it did apply to more than one thousand federal laws.
Edith Windsor and Thea Clara Spyer married in Canada and their marriage was recognized by New York state law. Spyer’s will left her estate to her spouse, but because their marriage was not recognized by federal law, the government imposed $vb 363,000 in taxes on Windsor. The estate of opposite sex spouses qualified for a marital exemption with no taxes imposed.
Windsor sued, claiming DOMA violated her equal protection rights.
- 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.