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Civil Procedure Keyed to Friedenthal
Diniero v. United States Lines 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.
- 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. Review the Facts of this case here:
Julio DiNiero (Plaintiff) sued United States Lines Co. (Defendant) for back injuries he suffered at work. Plaintiff worked for Defendant, a ship owner, as a seaman. Plaintiff alleged that he was required to crouch down, remove a floor plate and use a wrench in order to operate a valve. This continuous action allegedly caused Plaintiff’s back injury. At trial, the judge submitted general verdict forms and special written interrogatories to the jury. The jury was confused by the first interrogatory, which asked: “Did the plaintiff injure himself aboard the Pioneer Land because in operating the blow-down valve he had to remove the floor plates, then crouch and exert physical effort with a wrench and not his hand to stop it from leaking? Answer yes or no.” The jury communicated with the judge requesting an interpretation. The judge explained the question but the jury still could not reach agreement. The judge withdrew all the questions and left the jury with a general verdict option. Four hours later the jury found for Plaintiff. Defendant appealed.
- 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.