Confirm favorite deletion?
Civil Procedure Keyed to Cound
Garcia v. Hilton Hotels International, Inc
Facts
Plaintiff Garcia filed a complaint against Defendant Hilton Hotels International Inc., alleging that Defendant slandered Plaintiff when Defendant accused Plaintiff of hiring women to engage in prostitution out of the hotel. Plaintiff’s complaint in Paragraph 4 alleges that Plaintiff was “falsely and slanderously” accused of “procuring prostitution.” Paragraphs 5-8 of the complaint allege that Defendant further accused Plaintiff of procuring prostitution during a labor hearing that Plaintiff was required to bring. A statute stated that all statements made at such proceedings were privileged and were not admissible in any proceeding. Defendant moved to dismiss Plaintiff’s complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure or in the alternative to strike Paragraphs 5-8 of Plaintiff’s complaint.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.