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Civil Procedure Keyed to Marcus
David v. Crompton & Knowles 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.
- 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:
Plaintiff was involved in an accident with a shredding machine and brought the following products liability action. Defendant seeks to amend its answer, which alleges that Defendant designed, manufactured and sold the shredding machine to Plaintiff’s employer. Defendant argued that it was without sufficient knowledge to admit or deny the allegation, and it now wants to deny that it designed, manufactured and sold the machine. Defendant further argues that the machine was designed, manufactured and sold by James Hunter Corporation prior to its purchase of the company and that it did not assume the liabilities for the negligent design, manufacture or sale of machines by James Hunter Corporation prior to its purchase of the company. On the issue of whether a denial based on a defendant’s lack of information is deemed an admission if the denying party has knowledge, the court held that Defendant’s denial of the Plaintiff’s allegation, that it designed, manufactured and sold the machine that injured Plaintiff was ineffective and was held to be an admission.
- 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.