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Civil Procedure Keyed to Babcock
Carnival Cruise Lines v. Shute
Citation:499 U.S. 585 (1991)
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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:
Plaintiff Schute and her husband buy tickets from a local Washington travel agent. The cruise departed from California and went to Mexico. While on the cruise Plaintiff Schute is injured. Plaintiff Schute attempted to sue Defendant Carnival Cruise in Washington, but on the back of the non-refundable ticket that she received after purchasing the cruise were 25 paragraphs of a forum selection clause stipulating that all disputes must be addressed in the Southern District of Florida.
- 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.