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Civil Procedure Keyed to Marcus
Stephenson v. Dow Chemical Co.
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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:
Many veterans of the Vietnam War suffered death or disability due to Agent Orange, a chemical used during the war. In the 1970’s a class action was filed where any and all potential victims of Agent Orange were able to find redressability. On the eve before the trial the parties came to a settlement for 180 million dollars. This was to pay directly to those veterans who suffered death or disability occurring before or after 1985 to 1994. The Judge sent out notice to possible class members in every avenue of notice available. In 1989 and 1990 two veterans brought suit stating that there harms occurred after the settlement was reached and so they should not be included in the class. Since payment was available to all until 1994 and the settlement agreement made its best attempts to cover future claimants, and the agreement gave an injunction against future claims, their claims were dismissed. Then in 1996 another veteran and in 1999 plaintiff Stephenson filed a similar action. Since these filings the settlement fund has depleted. The court again stated against that they were part of the class and bound to that settlement as well, and appealed.
- 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.
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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.