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Civil Procedure Keyed to Cound
International Shoe Co. v. Washington
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:
International Shoe Co., Defendant, was a company based in Delaware with an office in St. Louis, Missouri. Defendant employed salesmen that resided in Washington to sell their product in the state of Washington. Defendant regularly shipped orders to the salesmen who accepted them, the salesmen would display the products at places in Washington, and the salesmen were compensated by commission for sale of the products. The salesmen were also reimbursed for the cost of renting the places of business in Washington. Washington sued Defendant after Defendant failed to make contributions to an unemployment compensation fund exacted by state statutes. The Washington statute said that the commissioner could issue personal service if Defendant was found within the state, or by mailing it to Defendant if Defendant was not in the state. The notice of assessment was served upon Defendant’s salesperson and a copy of the notice was mailed to Defendant. Defendant appeared specially, moving to set aside the order that service upon the salesperson was proper service. Defendant also argued that it did not “do business” in the state, that there was no agent upon which service could be made, and that Defendant did not furnish employment within the meaning of the statute. Defendant also argued that the statute violated the Due Process Clause of the Fourteenth Amendment and imposed a prohibitive burden of interstate commerce. The trial court found for Washington and the Supreme Court of Washington affirmed, reasoning that the continuous flow of Defendant’s product into Washington was sufficient to establish personal jurisdiction. Defendant 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.