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Civil Procedure Keyed to Rowe
Marek v. Chesny
Citation:473 U.S. 1 (1985)
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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:
Marek (Defendant) was a police officer who shot and killed Steven Chesny while responding to a domestic disturbance call. Steven’s father (Plaintiff) filed a civil rights lawsuit against Marek. Before trial, the defendants made a settlement offer for $100,000, including costs and attorneys’ fees. Plaintiff rejected the offer and proceeded to trial. The jury decided the case for Chesny, but awarded him only $60,000 in damages. Plaintiff then filed a request for costs and attorneys’ fees. The defendants argued that plaintiff was not entitled to attorneys’ fees under Rule 68, because the pre-trial settlement offer was greater than the damages award. The district court denied plaintiff’s request for fees.
- 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.