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Civil Procedure Keyed to Marcus
Curtiss-Wright Corporation v. General Electric Company
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- 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.
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- 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:
This dispute concerns the application of a release clause contained in each of the twenty-one agreements. Petitioner moved for summary judgment on the nineteen million dollar balance due from Respondent on the contracts. The district court granted the Motion for Summary Judgment, notwithstanding the release clause. Petitioner then moved for certification of the district court’s orders as final judgments under Rule 54(b). The court found, subject to Rule 54(b), that there was no just reason for delay. The United States Court of Appeals for the Third Circuit reversed and held that the district court had abused its discretion by granting the Rule 54(b) certification.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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