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Civil Procedure Keyed to Marcus
Bose Corporation v. Consumers Union of United States, Inc.
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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:
The defendant prints a magazine called Consumer Reports. In May of 1970, they had an article discussing numerous loud speakers. One of those speakers was the Bose 901 system. The critical statement at issue is that individual instruments seem to grow to gigantic proportions and tend to wander about the room. Bose brought suit against Consumer. At trial the court agreed that the statements were false, and that the person who made the article knew they were false. However the court concluded that Boss was a public figure, and the only way to prevail on a slander action is to show actual malice was used when making the statements. The engineer that supervised the testing of Boss equipment was brought on the witness stand and from that testimony the court concluded that the editors who printed the story did not have knowledge of the falsity. On Appeal the court decided that they would expand the level or review to a de-novo-review standard.
- 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.