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Contracts Keyed to Dawson
Nguyen v. Barnes & Noble, Inc.
Citation:
763 F.3d 1171.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. Review the Facts of this case here:
In 2011, HP announced that it was discontinuing production of its TouchPad Tablet. In order to liquidate the product, Barnes & Noble offered a steep promotional discount via its website. Nguyen ordered two tablets from Barnes & Noble’s website during the sale, however, Barnes & Noble ultimately cancelled Nguyen’s order due to lack of inventory. The Barnes and Noble’s website contained a link to its “Terms of Use” in the bottom left-hand corner of each page on the website. The “Terms of Use” contained Barnes & Noble’s terms and conditions for using its website including an agreement to arbitrate in the event of a dispute. Nguyen brought a claim against Barnes & Noble in state court. Barnes & Noble removed the action to federal court and moved to compel arbitration pursuant to its “Terms of Use.”
- 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.
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