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Civil Procedure Keyed to Subrin
Gasperini v. Center for Humanities, 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.
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- 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:
Gasperini (Plaintiff) sued Center for Humanities (Defendant) in federal court based on diversity of citizenship. The jury returned a verdict for Plaintiff of $450,000 in compensatory damages. Defendant moved for a new trial, arguing that the verdict was excessive. The District Court denied the motion. The Second Circuit vacated the judgment based on a New York law allowing the New York Appellate Division to determine that an award is excessive or inadequate if it “materially deviates from what is reasonable compensation.” The Second Circuit reasoned that the standard used to determine the verdict was not sufficient, and ordered a new trial unless Plaintiff accepted a lower amount. Plaintiff appealed.
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- Policy: Identifies the Policy if any that has been established by the case.
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