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Civil Procedure Keyed to Cound
Dimick v. Schiedt
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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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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
After trial in the district court, the jury returned a verdict in the amount of $500. Respondent moved for a new trial on the grounds that the verdict returned was contrary to the weight of the evidence presented at trial and that the damages awarded were insufficient. The district court ordered a new trial on the grounds that the damages awarded were insufficient. However, in its order, the district court allowed Petitioner the option of paying the increased sum of $1,500 in damages and foregoing a new trial. Petitioner agreed to this increase, but Respondent did not consent to this modification and appealed. The United States Court of Appeals for the First Circuit reversed this decision.
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