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Civil Procedure Keyed to Cound
National Equipment Rental, Ltd. v. Szukhent
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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:
Respondents, the Szukhents, were residents of Michigan. They rented equipment from National Equipment Rental, Ltd., Petitioner, pursuant to a lease. The lease specified that Florence Weinberg, located in Long Island, New York, would be the designated agent of Respondents for purposes of accepting service of process. The lease was signed by Petitioner and Respondents. Petitioner filed suit against Respondents for failure to make payments under the lease. The complaint and summons were served on Weinberg and Petitioner notified Respondents via certified mail of said service. Weinberg promptly forwarded the complaint and summons to Respondents. Respondents moved to quash service of the summons and complaint on the grounds that service was ineffective. The trial court granted the motion to quash. The Circuit Court upheld, reasoning that the lease term did not create an agency relationship between Respondents and Weinberg. Petitioner appealed and the Supreme Court granted certiorari.
- 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.
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