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Civil Procedure Keyed to Crump
Conway v. Chemical Leaman Tank Lines, Inc
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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.
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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:
2 Trucks collided while going in the opposite direction, one owned by the plaintiff and one owned by the defendant, resulting in the death of the plaintiff. The driver of the defendant’s truck was the only survivor and witness. At trial experts testified for both parties and some argued the plaintiff crossed the center line and hit the defendant and some argued the opposite happened. After the first jury’s decision in favor of the plaintiff, a new expert testified at the second trial, and the plaintiffs objected to that testimony. The testimony stated that both cars came near the center line causing their mirrors to hit, which caused the crash. In its answer to interrogatories, the jury found both parties were the proximate cause of the accident, the jury found in favor of the defendant. The plaintiff appealed objecting to the expert’s testimony and the verdict was reversed. At the third trial, the jury found for the plaintiff. The verdict was again reversed because the interrogatories at the second trial were sufficient for a finding in favor of the defendant, and the court granted a new trial again, and the defendant appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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