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Torts Keyed to Epstein
Mogul Steamship Co. v. McGregor, Gow, & Co
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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:
Defendants are a number of ship-owners who formed themselves into a league or conference for the purpose of ultimately keeping the control of the tea carriage from certain Chinese ports and for the purpose of driving Plaintiffs and other competitors from the field. Defendants accomplished their goals by offering local shippers very low rates thus rendering it unprofitable for Plaintiffs to send their ships there. Furthermore they also offered a 5 percent rebate to all local shippers and agents who would deal exclusively with them with a penalty of forfeiture of that rebate for the entire year if any straying occurred. Defendants had no personal ill-will to the Plaintiffs, nor any desire to harm them except such as is involved in the wish and intention to discourage by such measures the Plaintiffs form sending rival vessels to such ports.
- 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.