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Constitutional Law Keyed to Maggs
Zelman v. Simmons-Harris
Citation:536 U.S. 639 (2002)
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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:
There are more than 75,000 children enrolled in the Cleveland City School District. The majority of these children are from low-income and minority families. For more than a generation, Cleveland’s public schools have been among the worst performing public schools in the Nation. To resolve the educational crisis in public schools in Cleveland, the State of Ohio enacted its Pilot Project Scholarship Program. The program provides tuition aid for students to attend a participating public or private school of their parents’ choosing and also tutorial aid for those who choose to go to public school. Any public or private school may participate and the participating school must agree not to discriminate on the basis of race, religion, or ethnicity. Ohio taxpayers filed suit seeking to enjoin the program on the ground that it violated the Establishment Clause.
- 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.