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Civil Procedure Keyed to Marcus
Goodyear Dunlop Tires Operations, S.A. v. Brown
Citation:564 U.S. 915 (2011)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
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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:
Two boys, both soccer players from North Carolina, were killed when a bus they were riding in overturned on its way to an airport in in Paris, France. The accident was attributed to a defective tire manufactured in Turkey at the plant of a foreign subsidiary of a United States tire company. The boys’ parents sued the foreign subsidiaries in North Carolina state court. The subsidiaries objected to the state court’s jurisdiction. The trial court upheld jurisdiction. The appellate court affirmed, finding that the subsidiaries’ tires had reached North Carolina through the stream of commerce such that the North Carolina courts could exercise general jurisdiction. The state supreme court declined discretionary review.
- 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.