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Civil Procedure Keyed to Babcock
Walters v. National Association of Radiation Survivors
Citation:473 U.S. 305 (1985)
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- 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.
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- 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:
Congress establishes a scheme through which veterans may apply for and receive benefits, and has the Veterans Administration (VA) oversee it. The benefits hearings are intended to be informal and non-adversarial with a primary fact-finding purpose, in part to get through the volume of cases. The relevant statute caps attorney’s fees in the hearings at $10 and imposes criminal penalties on those who violate the statute. The National Association of Radiation Survivors claims the cap on attorney’s fees violates their Fifth Amendment Due Process right because it hinders their ability to obtain legal counsel to adequately present their case.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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