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Civil Procedure Keyed to Marcus
McPeek v. Ashcroft
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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:
McPeek is an employee of the Department of Justice (DOJ). Once he was given a promotion to the assistant director of a bureau under the department of Justice, he claims his boss, the then-director, had sexually harassed him for two years. McPeek filed a formal complaint and a settlement was reached. It required confidentially and McPeek’s transfer to another department. In this case McPeek, states that the agreement was not held confidential and that he received retaliatory actions against him in his new position. During discovery McPeek requested that back up computer files being offered. The Defendants argue this will be too costly to produce. This is because there is no system wide back up system. Each building has storage for files but it is to prevent damage for a system crash, not to preserve or archive these materials. There is no exact way to predict what will be found and what will be, as all emails of any particular employee are not all kept in these back up files. Also to make these files readable they will have to be restored which is where the cost comes from. To date the DOJ has refused to restore these backup files and runs the risk the judge will issue a jury instruction discussing there lack of cooperation.
- 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.