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Civil Procedure Keyed to Hazard
Owen Equipment & Erection Co. v. Kroger
Citation:437 U.S. 365, 98 S.Ct. 2396, 57 L.Ed.2d 274 (1978)
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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.
- 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:
James Kroger was electrocuted when a crane touched an electric power line. His wife (Respondent), a citizen of Iowa, sued Omaha Public Power District (Defendant), a Nebraska company, for wrongful death in the District Court for the District of Nebraska. Defendant filed a third-party complaint against Owen Employment and Erection Co. (Petitioner), alleging Petitioner’s negligent operation of its crane caused Kroger’s death. Respondent amended her complaint naming Petitioner as an additional defendant. Defendant moved for summary judgment. Petitioner filed a motion to dismiss for lack of diversity jurisdiction, because its principal place of business was in Iowa.
- 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.