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Civil Procedure Keyed to Yeazell
Beeck v. Aquaslide ‘N’ Dive Corp.
ProfessorTodd Berman
CaseCast™ – "What you need to know"
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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.
- 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 Jerry A. Beeck was injured in 1972 while using a water slide. He and his wife sued Aquaslide ‘N’ Dive Corp., a Texas corporation, alleging it manufactured the slide involved in the accident, and sought to recover on theories of negligence and strict liability. Defendant Aquaslide initially admitted it had manufactured the slide in its answer to the complaint on Dec. 17, 1973. The statute of limitations on Plaintiff’s personal injury action expired on July 15, 1974. Six and one-half months later, Defendant’s President visited the site of the accident and determined the slide was not manufactured by his company. Defendant then moved to amend its answer to deny manufacture, and the District Court granted leave to amend.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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