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Civil Procedure Keyed to Rowe
AT&T Mobility v. Concepcion
Citation:563 U.S. 333 (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.
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- 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 Concepcions (Plaintiffs) sued AT&T (Defendant) in federal district court in the form of a putative class action, alleging that AT&T engaged in false advertising and fraud. The plaintiffs had purchased cell phones from AT&T advertising free phones, but were charged around $30 in sales tax. During the purchase, plaintiffs signed a service agreement that contained an arbitration provision requiring all disputes between the parties to be resolved in arbitration and prohibiting class action arbitration. AT&T filed a motion to compel arbitration, based on the arbitration provision in the service agreement. The federal district court denied the motion and declined to require arbitration instead of permitting a lawsuit. Based on a California Supreme Court case, the federal district court found that the arbitration provision was unconscionable. However, a federal law, the Federal Arbitration Act, arbitration is considered “valid, irrevocable, and enforceable” to ensure “that private arbitration agreements are enforced according to their terms.”
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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