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Torts Keyed to Goldberg
BMW of North America, Inc. v. Gore
Citation:517 U.S. 559 (1996)
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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 purchased a supposedly brand new car made by the defendant. About nine months later, he had the car professionally detailed, and the detailing company advised him that the car had been repainted at some point. Plaintiff sued the defendant, who admitted that the car had indeed been damaged by acid rain and repainted, but that they had a policy of not disclosing such damages if the repair was less than 3 percent of the purchase price. The jury found for the plaintiff, and awarded compensatory damages of $4,000 and punitive damages of $4,000,000. Defendant appeals the punitive damages as excessive.
- 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.