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Civil Procedure Keyed to Marcus
Manego v. Orleans Board of Trade
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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.
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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:
Plaintiff brought a lawsuit in federal district court naming the Board of Selectmen, the Bank and David Willard (Willard), the vice president of the bank as Defendants, claiming they had conspired to deny him the licenses because of his race. The district court dismissed the state law claims for failure to state a cause of action and granted the Defendants’ Motion for Summary Judgment as to the remaining claims. However, Plaintiff brought another lawsuit, this time against the Bank, Willard and the Orleans Board of Trade alleged antitrust violations under the Sherman Antitrust Act. Willard and the Bank moved for summary judgment on the grounds that the new claims were barred by the doctrine of res judicata. The district court held that the facts forming Plaintiff’s claim of antitrust violations were the same as those which formed the basis of his earlier civil rights claims and that they were, therefore, barred by the final judgment against Plaintiff on the civil rights claims.
- 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.
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- 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.