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Civil Procedure Keyed to Cound
Gray v. American Radiator & Standard Sanitary Corp.
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
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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:
Gray (Plaintiff) suffered personal injuries due to the explosion of a hot water heater. Plaintiff sued Titan Valve Manufacturing Company, a foreign corporation, for negligently constructing a piece of the heater, and also sued a American Radiator & Standard Sanitary Corp, the manufacturer of the heater, in Illinois state court. Titan Vavle filed a motion to dismiss on the ground that it did no business in the state of Illinois when it sold its parts to American Radiator. American Radiator filed a cross-claim against Titan Valve seeking indemnification. Under Illinois’ long-arm statute, when a defendant commits a tortious act within the state, the defendant is subject to personal jurisdiction in Illinois. Titan Valve argued that the “tortious act” allegedly committed refers to the negligent act and not where Plaintiff was injured. The complaint and the cross claim was dismissed by the trial court because the trial court found that Illinois did not have jurisdiction. Plaintiff appealed.
- 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.