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Civil Procedure Keyed to Erichson
Shaffer v. Heitner
Citation:433 U.S. 186 (1977)
ProfessorBrittany L. Raposa
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*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:
Heitner (Plaintiff) owned stock in Greyhound Corporation, a Delaware corporation which had its primary place of business in Arizona. Plaintiff sued 28 present and former officers of Greyhound Corporation, including Shaffer (Defendants), for violating their duties to the corporation. Heitner also filed an order to sequester the defendants’ stock (i.e., asked the court to take ownership of the property and hold it pending the outcome of the litigation). The Delaware court granted Heitner’s sequestration order concerning the defendants’ property that was located in Delaware. The defendants appealed, arguing that the Delaware court did not have personal jurisdiction over their property.
- 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.