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Civil Procedure Keyed to Erichson
Viacom International, Inc. v. Kearney
Citation:212 F.3d 721 (2d Cir. 2000)
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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.
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- 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:
Viacom (Plaintiff) sued Kearney (Defendant) in federal court exercising diversity jurisdiction for costs arising from the environmental cleanup of the facilities at Taylor Forge Stainless. Kearney filed counterclaims against Viacom and third-party complaints against two additional parties. One of these parties filed a fourth-party complaint against Taylor Forge. The court granted Kearney’s motion to dismiss the action, holding that Forge was a necessary and indispensable party who could not join in Kearney’s counterclaims because this would destroy the court’s diversity jurisdiction. Viacom appealed the dismissal of the case.
- 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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