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Civil Procedure Keyed to Subrin
Shaffer v. Heitner
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
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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:
Defendant Heitner, a non-resident of Delaware, is the owner of one share of stock in the Greyhound Corporation, a business incorporated in Delaware with its principal place of business in Arizona. In 1974, Defendant filed a shareholder’s derivative suit in the Court of Chancery in Delaware against 28 present or former officers or directors (including Plaintiff) of the Greyhound Corporation. The activities which led to the suit being filed took place in Oregon. Simultaneous with the suit Defendant filed a motion for sequestration of the property owned by the 28 individual defendants within the state of Delaware. A motion to sequester was ordered, and approximately 82,000 shares of Greyhound common stock belonging to 21 of the defendants was attached. Those defendants filed a motion to quash service of process and to vacate the sequestration order. The Delaware courts rejected all of the defendants’ arguments, and this appeal followed.
- 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.