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Civil Procedure Keyed to Cound
Smith Contracting Corp. v. Trojan Construction 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:
The Plaintiff, Trojan Construction Company (Plaintiff) initially brought suit against the Defendant to recover damages for excessive wear and tear to equipment leased by Plaintiff to Defendant. The lease contained a provision that dealt with damage to equipment. During a pretrial conference, both parties agreed the action stemmed from a claim that Plaintiff returned the equipment in a state that exceeded normal wear and tear. The Defendant denied this and all that remained was an issue of triable fact. At trial, Defendant sought to prove that it had overpaid the rent and was entitled to a counter- claim to recover the overpayment. The FRCP did not allow the raising of issues at trial that were not included during pretrial procedure. The trial court refused to allow Defendant to amend his answer or the pretrial order and Defendant was not allowed to raise the issue of overpayment.
- 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.
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