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Civil Procedure Keyed to Babcock
Hickman v. Taylor
Citation:329 U.S. 495 (1947)
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:
A tugboat owned by Defendant J.M. Taylor sank while trying to tow a car float belonging to Baltimore & Ohio Railroad, killing five crew members. Plaintiff Hickman, decedent’s estate, sues Defendant Taylor and Baltimore & Ohio Railroad under the Jones Act and requested access to Defendant Counsel’s, Fortenbaugh’s, written statements and summaries of oral information he gathered when he privately interviewed four survivors of the accident after they had given public testimony about it. Defendant counsel Fortenbaugh refused and the district court ordered him to comply. Defendant Taylor then appealed.
- 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.