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Civil Procedure Keyed to Friedenthal
Dioguardi v. Durning
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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:
Plaintiff Dioguardi filed a complaint stating that at an auction Defendant Durning, the Collector of Customs for the Port of New York, sold his merchandise at “public custom” to another bidder at Plaintiff’s price of $110 and not Defendant’s price of $120. In addition, Plaintiff alleged that three weeks before the sale, two cases of the merchandise disappeared. Plaintiff alleged that he filed a claim for the merchandise from Defendant, which Defendant denied. Plaintiff claimed $5,000. The District Court dismissed the complaint with leave for Plaintiff to amend, on the ground that the complaint “fails to state facts sufficient to constitute a cause of action.” Plaintiff added more allegations and filed an amended complaint. The District Court rendered a final judgment for dismissal on the grounds that Plaintiff’s complaint did not state “facts sufficient to constitute a cause of action.” Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
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- Policy: Identifies the Policy if any that has been established by the case.
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