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Civil Procedure Keyed to Marcus
Wigglesworth v. Teamsters Local Union No. 592
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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:
Plaintiff filed a complaint against the Defendant alleging that the union and its president violated certain rights as protected by the Act. Specifically, the complaint alleges that Plaintiff was prevented from exercising his right to freedom of speech and denied his request to have union membership informed of their rights as required by the Act. The Defendants then filed a counterclaim against Plaintiffs, alleging that Plaintiff called a press conference at which he accused the union of being dominated by the mafia, and that past local union elections were fixed. Defendants claim that these actions constituted libel and slander. Plaintiff filed a Motion to Dismiss the counterclaim for lack of subject matter jurisdiction. There is no diversity of citizenship between the parties, and jurisdiction is founded solely on 42 U.S.C. Section: 412.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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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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