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Civil Procedure Keyed to Field
Sibbach v. Wilson & Co
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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.
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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:
Plaintiff sued Wilson (Defendant) in federal court in Illinois for injuries sustained in Indiana. Defendant moved the court to require Plaintiff to undergo a physical examination. The district court issued the order for the physical examination pursuant to Federal Rule of Civil Procedure 35. Plaintiff argued that the order was not allowed in Illinois, where the court was located, and refused to comply. The district court then cited Plaintiff for contempt pursuant to Federal Rule of Civil Procedure 37. Plaintiff appealed the finding of contempt, claiming that Rules 35 and 37 did not fall within the authority granted to the Supreme Court by Congress. The court of appeals affirmed the trial court and upheld the orders. The Supreme Court granted certiorari.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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