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Civil Procedure Keyed to Friedenthal
Nick v. Morgan Foods, Inc.
Citation:270 F.3d 590 (8th Cir. 2001)
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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.
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- 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:
Plaintiff filed a lawsuit against Defendant, alleging sexual harassment and retaliation. The parties consented to Alternate Dispute Resolution (ADR). The first ADR conference was postponed at Defendant’s request; after the conference took place, the mediator informed the district court of defendant’s “minimal participation” in the mediation. The court issued an order to show cause to Defendant for why sanctions should not be imposed, and Plaintiff also moved for sanctions. The district imposed sanctions based on its finding that Defendant failed to act in good faith in the ADR proceeding. The sanctions were ordered to be paid to Plaintiff for its costs and attorneys’ fees; additional sanctions were payable to the court. Sanctions were also imposed, payable to the court, after Defendant filed a motion for reconsideration of the court’s sanctions order. Defendant appealed the sanctions order, to the extent of the sanctions were payable to the court.
- 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.