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Civil Procedure Keyed to Crump
Major Tours, Inc. v. Colorel
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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.
- 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:
Plaintiff sued the defendants for unlawful discrimination. The defendants were first put on notice that there may be a claim against them when they received a letter that litigation may commence against them in 2003. However, the defendants did not issue a formal litigation hold letter until 4 years later in 2007. During discovery, the plaintiffs requested emails the date back to before the litigation hold was issued. The defendant’s argued that it would be too costly to recover the emails because they were deleted and the plaintiffs responded that it was the defendants fault because the defendant’s failed to preserve them. The judge ruled that the plaintiffs need for the evidence was not outweighed by the burden and cost of the defendants producing them. The judge explained that the plaintiffs had enough information and it was unlikely they would find any relevant information, and the defendant’s negligence was unintentional.
- 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.