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Civil Procedure Keyed to Hazard
Hertz Corp. v. Friend
Citation:559 U.S. 77, 130 S.Ct. 1181, 175 L.Ed.2d 1029 (2010)
ProfessorBrittany L. Raposa
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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:
Melinda Friend and John Nhieu (Plaintiffs) sued Hertz Corporation (Defendant) in California state court on behalf of a class of California citizens for violations of California’s wage and hour laws. Defendant sought to remove the case to federal court. Plaintiffs argued the case lacked diversity jurisdiction because all parties were California citizens. Defendant argued that it was not a citizen of California because it had its principal place of business in New Jersey.
- 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.