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Civil Procedure Keyed to Erichson
Gasperini v. Center for Humanities, Inc.
Citation:518 U.S. 415 (1996)
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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:
Gasperini (Plaintiff) was a journalist for CBS News who provided his original color transparencies from his work in Central America to The Center for Humanities, Inc. (Defendant) for use in an educational videotape. The Center agreed to return the original transparencies, but could not find them upon completion of the project. Gasperini sued the Center in federal district court in New York. Gasperini won a jury verdict of $450,000 in damages, but on appeal, the Second Circuit invoked the New York state law CLPR § 5501(c), which empowers appellate courts to review a jury’s award of damages when it “deviates materially from what would be reasonable compensation.” The Second Circuit set aside the jury’s verdict and ordered a new trial.
- 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.