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Civil Procedure Keyed to Subrin
Hawthorne Land Co. v. Occidental Chem. Corp
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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:
Plaintiff leased a right of way to Defendants to build a pipeline through Plaintiff’s property. The pipes carried toxic chemicals, and Plaintiff claims that there were at least 29 leaks between April 9, 1985 and November 30, 1987. Plaintiff alleged that Defendants failed to clean up the leaks and sought general and punitive damages. Plaintiff sought to discover information regarding five different pipelines and Defendants moved to limit the discovery to one pipeline. Two of the pipelines were in New York and three others were in Louisiana. Plaintiff’s land was in Louisiana, but only one of the three pipelines ran through their land. Plaintiff asserted that they needed the additional discovery to support a punitive damage award.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.