SmartBrief
Confirm favorite deletion?
Civil Procedure Keyed to Field
Swierkiewicz v. Sorema N. A.
Citation:
534 U.S. 506 (2002)Facts
Petitioner Akos Swierkiewicz, a 53-year-old Hungarian national, began working for respondent Sorema N.A. in April 1989 as senior vice president and chief underwriting officer. Nearly six years later, Sorema’s French CEO, François Chavel, demoted Swierkiewicz and transferred his responsibilities to Nicholas Papadopoulo, a 32-year-old French national with only one year of underwriting experience compared to Swierkiewicz’s 26 years. Following his demotion, Swierkiewicz was isolated from business decisions and meetings. After unsuccessfully attempting to discuss his concerns with Chavel, Swierkiewicz sent a memo outlining his grievances and requesting a severance package. Two weeks later, he was given the option to resign without severance or be dismissed, and was ultimately fired when he refused to resign.
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.