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Civil Procedure Keyed to Cound
Adickes v. S.H. Kress & 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:
Plaintiff sued the Defendant in federal court alleging that there was a conspiracy between the Defendant and the police to arrest the Plaintiff when she entered Defendant’s store because she was in the company of African Americans. Defendant moved for summary judgment on the grounds that Plaintiff could not produce any evidence in support of a conspiracy. The district court granted summary judgment ruling that Plaintiff failed to produce any facts to allege that a conspiracy might be inferred. The Court of Appeals affirmed. On appeal, the Supreme Court held that Plaintiff had to prove state action by showing that Defendant’s employee and a policeman reached an understanding to cause her arrest because she was a white person in the company of African Americans.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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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