Confirm favorite deletion?
Civil Procedure Keyed to Field
O’Brien v. International Brotherhood of Electrical Workers
Facts
Plaintiff was a member of the IBEW and was found distributing antiunion literature. Defendant charged Plaintiff with violating the IBEW constitution, held a hearing, and then fined Plaintiff. Plaintiff sued, claiming that the actions by Defendant violated his free speech under the Labor Management Reporting and Disclosure Act (LMRDA). During discovery, Plaintiff served interrogatories on Defendant which asked: 1) what specific statements gave rise to the charges against him, and why they violated the IBEW constitution; 2) how the statements violated his responsibility to Defendant or interfered with Defendant’s obligations; and 3) how the provisions of the IBEW constitution Plaintiff allegedly violated withstood the application of the LMRDA. Defendant refused to answer these interrogatories, claiming they called for legal conclusions. Plaintiff moved to compel answers.
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.
- 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.