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Civil Procedure Keyed to Marcus
Ross v. A.H. Robins Company
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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:
Plaintiffs purchased 100 shares of common stock of Defendant’s company, a manufacturer and distributor of pharmaceutical products. They instituted this proceeding under Section 10b-5 of the Securities and Exchange Act of 1934 on behalf of all persons who purchased stock from April, 1972 through July, 1974. Plaintiffs also named seven individuals who are directors and officers of Defendant. Plaintiffs’ claim alleges that Defendant engaged in a scheme and continuous course of conduct to deceive the investing public as to the true financial condition of the company with matters concerning Dalkon Shield. They also alleged that Defendants concealed from the investing public, facts concerning the safety and efficiency of Dalkon Shield. They also alleged that Defendants released false statements and recklessly disregarded serious issues regarding the safety and efficiency of Dalkon Shield. The information was subsequently released to the public and the stock price dropped from $19 a share to $13 a share. district court granted Defendant’s Motion to Dismiss on the ground that the complaint did not comply with Rule 9(b) of the Federal Rules of Civil Procedure. Plaintiffs appeal.
- 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.