SmartBrief
Confirm favorite deletion?
Civil Procedure Keyed to Field
Rojas v. Richardson
Citation:
703 F.2d 186, 713 F.2d 116 (1983)Facts
Paulino Izaguirre Rojas worked as a ranchhand for Robert Richardson, a partner in M and R Cattle Company. On December 4, 1980, while performing his work duties, Rojas was thrown from a horse he was riding and sustained severe injuries. He filed suit in federal district court invoking diversity jurisdiction based on his Mexican citizenship. His complaint alleged negligence by the defendants in furnishing him with a dangerous horse and bridle. After a complete trial, the jury returned a verdict denying him any recovery. During voir dire examination, after the trial court overruled plaintiff’s motion in limine, plaintiff’s counsel himself informed prospective jurors that Rojas was an “illegal alien,” apparently as a tactical decision. During closing argument, defense counsel made reference to Rojas as an “illegal alien” and coupled this with a Golden Rule argument suggesting jurors consider how they would be treated as illegal aliens in Mexico. Plaintiff’s counsel made no objection to this closing argument.
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.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.