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Constitutional Law Keyed to Varat
Zivotofsky v. Kerry
Citation:576 U.S., 135 S.Ct. 2076, 192 L.Ed.2d 83 (2015).
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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.
- 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:
Beginning in 1948 with President Truman, no President has issued an official statement acknowledging any country’s sovereignty over Jerusalem. While President Truman recognized Israel in a signed “recognition,” he did not recognize Israel as the sovereign over Jerusalem. Instead, the President sought to remain neutral, deeming neither Israel, Jordan, nor Palestine as sovereign.
In 2002, Congress passed the Foreign Relations Authorization Act. Prior to the Act, the State Department’s policy was to list citizens born in Jerusalem as being born in Jerusalem. Section 214 of the Act, however, sought to allow citizens born in Jerusalem to list their birthplace as Israel. President George W. Bush issued a statement on Section 214 of the Act. He argued that the Section must be advisory only. If construed as mandatory, the Section would infringe on the President’s executive powers.
Zivotofsky was born to United States citizens living in Jerusalem, and his parents requested that his birthplace be listed as “Jerusalem, Israel.” The American Embassy refused, alleging that the State Department policy would only allow them to list Jerusalem. Zivtofsky’s parents sued, seeking to enforce Section 214 of the Act.
- 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.