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Civil Procedure Keyed to Babcock
Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg.
Citation:545 U.S. 308 (2005)
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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:
The IRS seized property of Plaintiff Grable because he failed to pay federal back taxes. The IRS notified Plaintiff Grable using statutorily guaranteed notice through certified mail alerting him of the upcoming sale. The IRS sold Plaintiff Grable’s property to Defendant Darue. Five years later, Plaintiff Grable sued Defendant Darue in state court to quiet title alleging he did not receive proper notice under 26 U.S.C. § 6335 which required personal service, and that the IRS only used certified mail. Defendant Darue removed the case to federal court.
- 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.