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Civil Procedure Keyed to Yeazell
Gomez v. Toledo
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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:
Plaintiff brought an action against Defendant, the Superintendent of the Police of the Commonwealth of Puerto Rico. In 1976 criminal charges had been brought against Plaintiff, and he was fired without a hearing. Plaintiff asserted that he is entitled to his old job back because the District Court of Puerto Rico found no probable cause that he was guilty of the criminal charges. Following a hearing, Plaintiff was reinstated with the Criminal Bureau and given back pay. He then filed suit alleging that his initial discharge had caused him anxiety, embarrassment and damage to his reputation. Defendant moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court granted the motion, observing that Defendant was entitled to qualified immunity for acts done in good faith within the scope of his official duties, such that Plaintiff was required to assert bad faith in his pleadings to survive the motion. After the First Circuit Court of Appeals affirmed, the Supreme Court of the United States granted certiorari.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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