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Civil Procedure Keyed to Subrin
Gonzalez v. Banco Cent. 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:
In the 1970s, a group of real estate developers sold subdivided lots of undeveloped land to approximately 3,000 purchasers, most of who resided in Puerto Rico. The land was found to be Florida swampland, which was inappropriate for development. In 1982, a group of purchasers (“the Rodriguez plaintiffs”) started a civil action in the United States District Court for the District of Puerto Rico. They sued the sellers, including Banco Central Y Economias. The Rodriguez plaintiffs alleged violations of the Interstate Land Sales Full Disclosure Act (“ILSFDA”), the Securities Exchange Act of 1934, 15 U.S.C. § 78j, Rule 10b–5, and the Racketeering Influenced and Corrupt Organizations Act (“RICO”). In April of 1987, the Rodriguez plaintiffs tried to form a class action; however the district court did not allow them to. Thereafter, several plaintiffs formed a new group of claimants (“the Gonzalez plaintiffs”) whom were represented by the same attorney’s who represented the Rodriguez plaintiffs. They sued the same defendants and had a similar complaint. The Rodriguez plaintiffs ultimately lost their case. After comparing the Gonzalez plaintiffs' suit against the Rodriguez litigation, Judge Laffitte dismissed the Gonzalez action in its entirety on grounds of res judicata. The Gonzalez plaintiffs 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.
- 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.