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Constitutional Law Keyed to Chemerinsky
BMW of North America v. Gore
Citation:517 U.S. 559 (1996)
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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:
Gore purchased a BMW for roughly $40,000 from an authorized BMW dealership. After taking it to a detailer, he found out that the car had been repainted prior to his purchase of the car. Gore sued BMW for failure to disclose that the car had been repainted as a failure to disclose a material fact. BMW adopted a nationwide policy of nondisclosure regarding cars that were damaged in transit or manufacturing if the cost of repair did not exceed 3% of the car’s retail price. Repainting Gore’s car cost 1.5% of the cost of the car.
A jury found for Gore and awarded him over $4 million. BMW appealed to the Alabama Court of Appeals and Supreme Court. They upheld the verdict but adjusted the damages to $2 million. BMW appealed the award as grossly 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.
- 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.