Civil Procedure Keyed to Marcus
Kothe v. Smith
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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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- 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:
Plaintiff brought suit for medical malpractice against four defendants, Dr. Smith, Dr. Andrew Kerr, Dr. Kerr’s professional corporation, and Doctors Hospital, seeking $2 million in damages. Actions against Dr. Kerr, Dr. Kerr’s professional corporation, and Doctors Hospital were discontinued. Three weeks prior to trial, the trial judge held a pretrial conference during which he directed parties to conduct settlement negotiations. The judge recommended settlement between $20,000 and $30,000 and warned the parties that if they settled for a comparable figure after trial had begun he would impose sanctions. Defendant offered $5,000, which was rejected. Plaintiff’s attorney informed the judge that his client would settle for $20,000 but requested that the figure not be released to the Defendant. The only pretrial settlement that was released to the Defendant was $50,000. When the case settled for $20,000 after one day of trail, the district court penalized the Defendant alone. Defendant appeals.
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- Policy: Identifies the Policy if any that has been established by the case.
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