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Civil Procedure Keyed to Field
Owen Equipment & Erection Co. v. Kroger
Citation:
437 U.S. 365, 98 S.Ct. 2396
ProfessorTodd Berman
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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 (Plaintiff), who was a citizen of Iowa, sued Omaha Public Power District (a Nebraska company) for wrongful death in Nebraska district court. Omaha Public Power District filed a third-party complaint against Owen Employment and Erection Co. (Defendant), which was an Iowa company, alleging that Owen Employment’s negligence caused Kroger’s death. Kroger’s wife then added Owen Employment and Erection Co. as an additional defendant. The district court then entered summary judgment for Omaha Public Power District, leaving Kroger and Owen Employment, both citizens of Iowa, as the only remaining parties. Owen Employment Petitioner filed a motion to dismiss, arguing that the federal district court could no longer exercise diversity jurisdiction.
- 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.
8m 28s