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Case Brief Example (Ashcroft v Kidd)

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Please help understanding how to write a case brief...
for example in the case of Ashcroft v Kidd 131 S. Ct. 2074 (2011).
How would you write this case brief that had the headings:
Parties and case
Facts
Procedural Posture
Issue
Holding
Rule
Rationale
References.

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Solution Summary

Sample case brief for Ashcroft vs. Kidd are examined in the solution.

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Everyone's case briefs will vary slightly in length and level of detail based on personal preference and the level of detail a professor/employer requires. Here is something similar to what I would have used my first year of law school.

Parties and Case:
Ashcroft v Kidd, 131 S. Ct. 2074 (2011).
Petitioner- John Ashcroft
Respondent- Abudullah al-Kidd

Facts:
Al-Kidd is a US Citizen who converted to Islam. When traveling to Saudi Arabia in 2003, he was arrested by federal agents at Dulles International Airport. He was held for 2 weeks under the federal material-witness statute because officials claimed he had crucial information in the case of Sami Omar. He was never called as a witness in that case. He filed a suit challenging the constitutionality of Attorney General Ashcroft's alleged policy of obtaining material-witness warrants to detain terrorism suspects officials would otherwise have insufficient cause to arrest.

Procedural Posture:
In March 2005, al-Kidd filed a Bivens action to challenge Ashcroft's ...

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  • JD, University of San Francisco School of Law
  • MEd, Boston College
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