SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.
Confirm favorite deletion?
Cancel Yes, Delete
Evidence Keyed to Best
O’Banion v. Owens-Corning Fiberglas Corp.
Citation:968 F.2d 1011 (10th Cir. 1992)
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:
O’Banion filed suit against Owens-Corning relating to asbestos for which Owens-Corning was allegedly responsible. Owens-Corning introduced expert testimony from a previous case, also involving asbestos, under the former-testimony exception to the hearsay rule (FRE804(b)). The prior expert testimony was used to save travel cost in the present case.
O’Banion’s attorney had represented the party in the previous asbestos-related case, having the opportunity to cross-examine the expert. The trial court allowed the previous expert testimony to be admitted in the present 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.
12m 52sSee complete Lesson, Quizzes and More
16m 35sSee complete Lesson, Quizzes and More