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Civil Procedure Keyed to Hazard
Parklane Hosiery Co. v. Shore
Citation:439 U.S. 322, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979)
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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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- 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:
Shore (Respondent) sued Parklane Hosiery, Co. and thirteen of its officers, directors, and stockholders (Petitioners) for issuing a materially false and misleading proxy statement during a merger. Respondent moved for partial summary judgment, arguing that the Petitioners were collaterally estopped from relitigating issues that had been resolved against them in a previous lawsuit. The previous lawsuit, brought by the SEC against Petitioners, entered a judgment that the Petitioners’ proxy statement was materially false and misleading.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.