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Constitutional Law Keyed to Varat
Virginia v. Black
Citation:538 U.S. 343, 123 S.Ct. 1536, 155 L.Ed.2d 535 (2003).
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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:
Defendant led a Ku Klux Klan (KKK) rally in Carroll County, Virginia. A 25- to 30-foot cross was burned at the end of the rally 300-350 yards from the road. As the cross burned, the KKK played Amazing Grace over the loudspeakers. The sheriff then entered the rally and asked her was in charge. Defendant responded.
Defendant was charged with burning a cross with the intent of intimidating a person or group of persons in violation of state law. At his trial, the trial court instructed the jury that “the burning of a cross by itself is sufficient evidence from which you may infer the required intent.” Defendant was found guilty and challenged his conviction on First Amendment grounds.
- 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.