Civil Procedure Keyed to Crump
Brokopp v. Ford Motor Co.
After the plaintiffs were in a car accident when the power steering belt came off the pulley, and kept going, instead of coming off when the pulley stopped. At trial, experts testified there was no evidence it came off while the pulley was still going. At closing, counsel for the plaintiffs made various statements to the jury including telling the jury to step into the plaintiffs shoes and award damages based on how they would feel in the plaintiff’s shoes, compared the plaintiffs to the defendant, such a large corporation, and the evasiveness of the defendant’s witnesses. Counsel even pulled out a belt and marked with a crayon were the belt had come off. Opposing counsel only objected to the marking of the belt with a crayon but nothing else. On, appeal the defendants argued the jury awarding the plaintiffs $300,000 in damages should be overturned for the plaintiff’s counsel’s improper arguments.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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.
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.