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Civil Procedure Keyed to Cound
Des Moines Navigation & R. Co. v. Iowa Homestead Co
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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:
Iowa Homestead Co. (Plaintiff) sued Des Moines Navigation & R. Co. (Defendant) in Iowa state court. Plaintiff and Defendant had been in a previous lawsuit that started in state court but was later removed to federal court. The previous case had been removed to federal court by residents of the state of New York. The case was appealed to the Supreme Court of the United States and finally disposed on the merits in favor of Defendant. Plaintiff argues that because Plaintiff and Defendant were both Iowa corporations and consequently citizens of the same state, the federal court had no jurisdiction to render judgment in the previous action that would bind Plaintiff. The Supreme Court of Iowa agreed and Defendant appealed from that decision.
- 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.