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Civil Procedure Keyed to Hazard
AT&T Mobility LLC v. Concepcion
Citation:563 U.S. 333, 131 S.Ct. 1740, 179 L.Ed.2d 172 (2011)
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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.
- 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:
Liza and Vincent Concepcion (Plaintiffs) sued AT&T Mobility LLC (Defendant) as part of a class action alleging that Defendant had engaged in false advertising and fraud. Defendant moved to compel arbitration based on the contract the Plaintiffs had signed, which waived class actions. Plaintiffs argued that the arbitration agreement was unconscionable and unlawfully exculpatory because it didn’t allow class actions.
- 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.