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Contracts Keyed to Frier
Hill v. Gateway 2000, Inc.
Citation:105 F.3d 1147 (7th Cir. 1997)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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:
Plaintiffs ordered a computer from Defendant by placing an order over the phone. Defendant shipped the computer and included in the box a list of terms which Plaintiffs could reject by returning the computer in 30 days. The terms, which were never read to Plaintiffs over the phone, also contained an arbitration clause. Plaintiffs kept the computer for more than 30 days without returning it, and later filed suit in federal court alleging RICO violations against Defendant on behalf of themselves and a class of purchasers. Defendant sought to compel arbitration and the district court denied Defendant’s request. The district court found no valid arbitration agreement between the parties and found that Plaintiffs did not have adequate notice of the arbitration clause. Defendant appealed the district court’s denial of the request to compel arbitration.
- 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.