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United States v. Bestfoods
Citation:524 U.S. 51 (1998)
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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.
- 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:
In 1980, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) was enacted in response to the serious environmental and health risks posed by industrial pollution. The Act grants the President broad power to command government agencies and private parties to clean up hazardous waste sites. In 1957, Ott Chemical Co. began manufacturing chemicals and its dumping of hazardous substances significantly polluted the environment. In 1965, respondent CPC International Inc. incorporated a wholly owned subsidiary to buy Ott I’s assets. The new company, Ott II, continued chemical manufacturing and polluting. CPC kept the managers of Ott I. By 1981, the federal Environmental Protection Agency had found that its long-term remedial plan called for expenditures well into the tens of millions of dollars. To recover some of that money, the United States filed this action, naming five defendants including CPC.
- 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.