Confirm favorite deletion?
Civil Procedure Keyed to Friedenthal
Swierkiewicz v. Sorema N.A
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. Review the Facts of this case here:
Petitioner began working for Respondent in 1989. After six years of holding the position of Chief Underwriting Officer, he was demoted by the French CEO and replaced by a French National with only one year of underwriting experience. At the time of the demotion, the Hungarian Petitioner had 26 years of underwriting experience, and he was 53 compared to his replacement’s age of 32. After feeling isolated from the CEO, Petitioner requested a severance package. Respondent dismissed him without the package. Petitioner then filed this suit, alleging Respondent violated Title VII of the Civil Rights Act of 1964 (for discriminating against is national origin) and violated the Age Discrimination in Employment Act of 1967. The lower courts dismissed the claims for failing to allege facts that would establish a prima facie case of discrimination as explained in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 36 L. Ed. 2d 668, 93 S. Ct. 1817 (1973).
- 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.