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Civil Procedure Keyed to Cound
Tull v. United States
ProfessorTodd Berman
CaseCast™ – "What you need to know"
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Access the most important case brief elements for optimal case understanding.
*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.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- 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 Federal Government brought suit against the Petitioner, a real estate developer, for dumping fill material on wetlands in Virginia in violation of the Act. The Government claimed that Petitioner dumped on three sites and a waterway. Section 1319 of the Act listed remedies in the form of injunctions and civil penalties. The Government sought both remedies against the Petitioner; however, when the complaint was filed most of the property had been sold, except for a small portion of land, thereby making imposition of the injunction impractical. The Government sought $22,890,00 in civil penalties. The District Court denied Petitioner’s request for a jury trial and found for the Government, though drastically reduced the amount of the civil penalties. The Court of Appeals affirmed on the issue of Petitioner’s right to a trial by jury.
- 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.
- Court Direction: Shares where the Court went from here for this case.