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Civil Procedure Keyed to Cound
United States v. Heyward-Robinson Co
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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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- 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:
Plaintiff D’Agnostino Excavators, Inc. sued Defendant Heyward-Robinson Co. in federal court under the Miller Act (which names the United States as the party Plaintiff) for breach of contract involving a Navy job. Defendant counterclaimed for overpayments made on the Navy contract and another contract involving a private party (“the Stelma job”). Plaintiff filed a reply counterclaim against Defendant on the Stelma job to recover money due from Defendant on that job. Both the Navy job and the Stelma job were treated together in the lawsuit. Progress payments were to be made on both jobs in a lump sum. There was one insurance policy covering both jobs. Defendant had the right under the contract to withhold payment for both jobs if there were any damages suffered on either job. Plaintiff claimed that Defendant breached both contracts by not making progress payments and Defendant claimed Plaintiff breached both contracts by allowing its insurance to lapse. The jury found Defendant liable to Plaintiff for both jobs and judgment was rendered against Defendant’s surety for the Navy job. Defendant appealed the verdict arguing that the District Court did not have jurisdiction over the Stelma job counterclaims because the claims were permissive and not compulsory counterclaims.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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