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Civil Procedure Keyed to Cound
Comas v. United Telephone Company of Kansas
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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:
The Plaintiff sought production of the personnel files of four individuals whose treatment was at issue in this case, from the Defendant. Plaintiff also sought an internal investigation file prepared by Defendant in response to previous Equal Employment Opportunity Commission (EEOC) charges. Pursuant to FRCP Rule 26(a)(1) both parties agreed to voluntarily produce all relevant materials rather than proceed with formal discovery. The initial disclosures in this case included the personnel files of the four individuals whose treatment was at issue and Defendant’s investigation file from previous EEOC charges. With regard to the EEOC file, both parties agreed to an appropriate protective order. Defendant claimed the personnel files of persons other than Plaintiff should not be produced under this rule, but rather through formal discovery. Defendant did agree to produce redacted copies of all files. Plaintiff sought attorney’s expenses in bringing forth this motion to compel because of Defendant’s delay in production of the documents.
- 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.
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- 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.