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Civil Procedure Keyed to Mueller
Swift v. Tyson
Citation:41 U.S. 1 (1842)
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- 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.
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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:
George Tyson (Defendant) bought land in Maine from Nathanial Norton and Jairus Keith with a bill of exchange. Norton and Keith gave the bill of exchange to John Swift (Plaintiff) to pay off a previous debt. However, Defendant refused to pay the bill of exchange to the Plaintiff, arguing that Norton and Keith never actually owned the land in Maine. Plaintiff sued Defendant in New York federal court under diversity jurisdiction, arguing that he was entitled to payment because he was a holder in due course. Defendant argued that there was no valid consideration to pay the debt.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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