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Contracts Keyed to Murphy
Klocek v. Gateway, Inc.
ProfessorMelissa A. Hale
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:
In Hill v. Gateway, Plaintiffs bought a Gateway 2000 computer system from the Defendant, Gateway (Defendant). When the Plaintiffs became aware of the computer’s shortcomings, they brought suit in Federal Court under RICO. Defendant appealed on the basis that an arbitration clause was contained in Plaintiffs’ computer box and that they had accepted this agreement when they kept the computer for more than thirty days. In that case, the Court held that the Plaintiffs assented to the arbitration agreement because they knew that additional terms were in their box and, as such, arbitration was the forum for their grievance. The District Court in this case attempts to overturn the decision in Hill v. Gateway. However, it should be noted that the case was dismissed on appeal, due to lack of subject matter jurisdiction. Hill v. Gateway is still controlling regarding arbitration clauses.
- 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.