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Civil Procedure Keyed to Friedenthal
Hickman v. Taylor
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
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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:
A tugboat sank while helping to tow a car float operated by the Baltimore & Ohio Railroad across the Delaware River in Philadelphia. Five of the nine crew members drowned. Three days later, the tugboat owners and underwriters hired a law firm in anticipation of litigation, of which Fortenbaugh was a member. A public hearing was held before the United States Steamboat Inspectors at which the 4 surviving crewmembers were examined. The testimony was recorded and made available to all interested parties. Shortly afterwards, Respondent, Fortenbaugh (Respondent), interviewed the surviving crewmembers and had them sign their statements. He also interviewed other people who were involved with or had knowledge of the accident and wrote memoranda of their conversations. Representatives of the five deceased crewmembers brought claims against the tugboat owners and four settled. The Petitioner brought suit in federal court naming as defendants the tugboat owners as joint and severally lia ble as well as the railroad. Petitioner filed 39 interrogatories directed to the tug owners. The 38th interrogatory asked for copies of any statements of crewmembers relating to the accident. Supplemental interrogatories asked for any written or oral statements, reports, records, or memoranda taken by Defendants. The tugboat owners answered all interrogatories except for number 38 and the supplemental interrogatories. They admitted that statements had been taken, but that they were privileged. The District Court for the Eastern District of Pennsylvania held that the requested matters were not privileged and ordered the production of information asked for in the 38th and supplemental interrogatories. Defendants and Respondent refused to comply and were held in contempt and ordered imprisoned until they did so. The Third Circuit Court of Appeals reversed the lower court’s judgment stating the sought information was the attorney’s work product.
- 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.