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Civil Procedure Keyed to Subrin
Marek v. Chesny
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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:
Alfred Chesney (Plaintiff) on his own behalf and as administrator of his son’s estate, filed suit under 42 U.S.C. Section: 1983 and state tort law against three police officers (Defendants) for killing his adult son. Defendants made a timely offer to settle for $100,000, but Plaintiff did not accept the offer. The case went to trial and Plaintiff was awarded $5,000 on the state law wrongful death claim, $52,000 for the Section: 1983 violation and $3,000 in punitive damages. Plaintiff filed a Request for $171,692.47 in costs, including attorney’s fees. This request for attorney’s fees included costs incurred after the settlement offer. Defendant opposed the claim relying on Rule 68 of the Federal Rules of Civil Procedure, which shifts the post-offer costs to the Plaintiff. Post-offer costs are all costs incurred subsequent to an offer of judgment when not exceeded by the recovery amount. The district court agreed with Defendants and declined to award Plaintiffs costs incurred after th e settlement offer. Plaintiffs appealed and the court of appeals reversed. The Supreme Court of the United States granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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