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Civil Procedure Keyed to Glannon
Hickman v. Taylor
Citation:329 U.S. 495 (1947)
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:
A tugboat that was helping to tow a railroad car float sank, resulting in the death of five crew members. The tugboat’s owners and underwriters employed a law firm to defend them against future potential lawsuits arising out of the accident. One of the firm’s lawyers interviewed survivors and other persons and took statements from them in anticipation of litigation. The representative for one of the deceased crew members sued the tugboat owners and the railroad (the other crew members representatives had settled their claims). In discovery, the Plaintiff propounded an interrogatory seeking copies or exact provisions of any statements, or or written, of members of the crew that had been taken. Defendants, through their lawyer, objected to the discovery. The district court ordered defendants to respond to the inquiry, and held them in contempt and ordered them imprisoned until they complied. The Third Circuit Court of Appeals reversed. The Supreme Court granted certiorari.
- 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.