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Civil Procedure Keyed to Yeazell
Ferguson v. Countrywide Credit Industries, Inc.
Citation:298 F.3d 778 (9th Cir. 2002)
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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:
When Plaintiff was hired by Defendant Countrywide, she was required to sign an arbitration agreement. The agreement required arbitration for claims for breach of contract, discrimination, harassment, violations of federal or state laws, and tort claims, but the agreement exempted claims for workers’ compensation, unemployment benefits, intellectual-property violations, unfair competition, and disclosure of trade secrets from the arbitration requirement. The arbitration agreement also required the employee to pay the arbitration filing fee and various other costs and to split the arbitrator’s fees with Defendant Countrywide. The agreement also limited any deposition of a Countrywide representative to four designated topics. Plaintiff later sued Defendants for sexual harassment, retaliation, and hostile work environment. The district court denied Defendant Countrywide’s petition to compel arbitration, finding that the arbitration agreement was unconscionable and therefore unenforceable. Defendant Countrywide appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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