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Civil Procedure Keyed to Glannon
Davey v. Lockheed Martin Corp.
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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:
Susan Davey (Plaintiff) brought suit against Lockheed Martin Corp. (Defendant) based on claims of employment discrimination and retaliation under Title VII. Although the original pretrial order was filed a year and a half before trial, the parties filed a new pretrial order on August 20, 1999. Defendant moved to amend the order to assert a new affirmative defense based on the ruling of a Supreme Court case that was decided two months before. Based on the new affirmative defense of good faith compliance with Title VII, Defendant would not have to pay punitive damages. After Plaintiff objected, the district court did not allow Defendant to present evidence to support this affirmative defense. The district court believed that allowing the new affirmative defense would be prejudicial and unfair to Plaintiff, especially because Plaintiff did not have a chance to do discovery on the asserted defense. At trial, the jury awarded Plaintiff compensatory damages, damages for lost wages and attorneys’ fees, and punitive damages of $200,000 after finding in favor of Plaintiff on a retaliation claim. Defendant appealed to the United States Court of Appeals for the Tenth Circuit.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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