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Civil Procedure Keyed to Field
Colgrove v. Battin
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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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- 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:
Colgrove (Plaintiff) filed an action against Battin (Defendant) in federal court. The case was heard as a diversity action and Plaintiff requested a jury trial. Local Rule 13(d)(1) allowed a six-man jury to hear civil cases. Plaintiff filed a writ of mandamus, seeking to compel the use of a 12-man jury, claiming that the Seventh Amendment requires 12 to serve. The 9th Circuit Court of Appeals denied the writ and the Supreme Court granted certiorari
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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