SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Summers
Hill v. Gateway 2000
Citation:
105 F.3d 1147
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Rich and Enza Hill (collectively “the Hills”) (plaintiffs) ordered a Gateway 2000 (“Gateway”) (defendant) computer system by telephone. The computer arrived in a box, which also contained a list of terms that were said to govern unless the customer returned the computer within 30 days. The Hills noticed the terms but did not read them closely enough to see that they contained an agreement to arbitrate. The Hills kept the computer for more than 30 days before complaining about the product’s performance. The Hills sued Gateway for RICO violations because of the computer’s shortcomings. Gateway sought to enforce the arbitration clause contained in the list of terms included in the product packaging.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
19m 28sTopic Outline 
Topic Refresher Course 
Topic Charts & Notes 