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Civil Procedure Keyed to Glannon
Dioguardi v. Durning
Citation:139 F.2d 774 (2d Cir. 1944)
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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:
Plaintiff imported bottles of “tonic” from Italy. He brought an action against the Collector of Customs at the Port of New York alleging that sales of the tonic were conducted by the Collector for an improper price, and that certain bottles of the imported tonics disappeared before the sale. Plaintiff’s original complaint was dismissed by the federal district court on the ground that it “failed to state facts sufficient to constitute a cause of action.” The dismissal of the original complaint was made with leave for Plaintiff to file an amended complaint, however. Plaintiff filed an amended complaint. The amended complaint was also dismissed by the district court, upon Defendant’s motion, again for failure to state facts sufficient to constitute a cause of action. Plaintiff appealed.
- 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.