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Civil Procedure Keyed to Marcus
Insolia v. Philip Morris, 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:
Plaintiffs’ complaint alleged fraud and civil conspiracy to commit fraud. In order to win, Plaintiffs must demonstrate that the Defendants made false statements on which the Plaintiffs relied. Plaintiffs were recently diagnosed with lung cancer. Each smoked a pack of cigarettes a day for many years. Insolia began smoking at age of 12 and quit 40 years later. May and LoveJoy began smoking at the age of 16 and smoked for about 42 years. Plaintiffs’ complaint presented evidence in support of a class action that the tobacco companies worked together for many years to counteract scientific evidence that smoking was harmful and addictive. In 1958, the companies created a trade association, Tobacco Institute, whose purpose was to create doubt about health effects of smoking. Plaintiffs’ Motion to Certify a class of Wisconsin residents who had smoked for 20 years and been diagnosed with lung cancer was denied on ground that common questions did not predominate.
- 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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- Policy: Identifies the Policy if any that has been established by the case.
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