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Civil Procedure Keyed to Marcus
Bates v. C & S Adjusters, Inc
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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.
- 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:
Phillip E. Bates (Plaintiff) commenced this action in the District Court for the Western District of New York following receipt of a collection notice from C & S Adjusters, Incorporated (Defendant). Plaintiff alleged a violation of the Fair Debit Collection Practices Act. Plaintiff had incurred the debt in question while he was a resident of the Western District of Pennsylvania. The creditor also had its principal place of business in that district. The creditor referred the matter to Defendant, a local agency, which transacted no business in New York. After Defendant mailed a collection notice to Plaintiff in Pennsylvania, the postal service forwarded the notice to Plaintiff at a new address in New York. Defendant filed a Motion to Dismiss for Improper Venue, which was granted by the District Court for the Western District of New York.
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- 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.
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