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Civil Procedure Keyed to Yeazell
Gargallo v. Merill, Lynch, Pierce, Fenner & Smith
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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:
The Defendant, Miguel Gargallo (Defendant), opened a margin brokerage account with the Plaintiff, Merrill, Lynch (Plaintiff), in 1976. Defendant maintained the account until 1980 when he incurred losses resulting in a debt owed to Plaintiff for $17,000. When the obligation was not paid, Plaintiff filed suit for collection in the Franklin County, Ohio, Court of Common Pleas. In response, Defendant filed a counterclaim against Plaintiff, alleging that Plaintiff caused his losses through negligence, misrepresentations, and churning. Due to a history of discovery difficulties, the state court dismissed Defendant’s counterclaim with prejudice, for refusal to comply with Plaintiff’s discovery requests and the court’s discovery orders. Defendant then filed a complaint in United States District Court, charging Plaintiff with violating federal securities laws based on the same transactions at issue in the state litigation. The district court dismissed the suit on res judicata grounds. 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.