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Civil Procedure Keyed to Cound
Martin v. Wilks
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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.
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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 Petitioners, the City of Alabama and the Jefferson County Personnel Board (Petitioners), had entered into a consent judgment with black firefighters setting goals for hiring blacks and promoting them. Subsequently, the Respondents, white firefighters (Respondents), nonparties to the aforementioned consent judgment, brought a reverse discrimination lawsuit against the Petitioners. The Petitioners responded that the consent decrees in the earlier suits brought by blacks mandated the procedures followed and precluded the current suit. The District Court held that the earlier consent decrees were a defense to the white firefighters’ suits, but the Court of Appeals reversed holding that because the white firefighters were not parties to the earlier litigation, their claims could not be precluded.
- 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.
- Court Direction: Shares where the Court went from here for this case.