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Civil Procedure Keyed to Babcock
Adickes v. S.H. Kress & Co.
Citation:398 U.S. 144 (1970)
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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:
Plaintiff Adickes, a white school teacher, was refused service at Defendant Kress in Hattiesburg, Mississippi because she was accompanied by her Black students. After leaving the restaurant Plaintiff Adickes was arrested for vagrancy. Plaintiff Adickes sued Defendant Kress alleging a violation of her equal protection rights (1) when she was refused service because she was in the company of Black people and that there was a custom in the community of segregation in restaurants and (2) that the refusal of service and arrest were the result of a conspiracy between Defendant Kress and the Hattiesburg police. At trial the court found that Plaintiff Adickes did not prove her first point because she did not show that other white people were refused service because they were accompanied by Black people. Her second claim about conspiracy was dismissed on summary judgement before trial. The court of appeals affirmed both counts. Adickes appealed, and the United States Supreme Court granted certiorari.
- 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.