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Civil Procedure Keyed to Babcock
Conley v. Gibson
Citation:355 U.S. 42 (1957)
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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:
Local Union no. 28 of the Brotherhood of Railway and Steamship Clerks entered into an agreement with the Texas and New Orleans Railroad to fire 45 Black employees under the guise of a force layoff. However, Local 28 made an agreement with the Railroad to lay the Black employees off and hire white employees in their place. They would sometimes rehire the Black employees but with a reduction in seniority. Black employees requested Local 28 numerous times to help stop the discriminatory firings, but Local 28 did not provide any help. The evidence also showed that Local 28 would provide protection for white employees but not Black ones. Plaintiffs filed a class action suit represented by Conley brought suit against Defendants Local 28 and directors including Gibson alleging discrimination in violation of Plaintiffs’ right under the Railway Labor Act to fair representation.
- 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.