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Civil Procedure Keyed to Babcock
Burger King Corp. v. Rudzewicz
Citation:471 U.S. 462 (1985)
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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:
Defendants jointly buy a Burger King franchise in Detroit Michigan. Defendants negotiated the deal with Plaintiff’s Michigan office and Miami headquarters and were eventually awarded the franchise. Defendant MacShara attended management training in Florida, Defendant Rudzewicz purchased equipment for the restaurant from the Burger King office in Florida, and the Defendants were to send franchise and royalty payments to Burger King in Florida. The choice-of-law clause in the franchise agreement also stated that Florida law governed. Defendants fall behind on payments and Plaintiff Burger King sues.
- 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.