Procedural history - sample case briefing, Strategic Management

Procedural History:

The plaintiff filed an action for negligence under Texas law  and  the trial  court granted summary judgment in favor of the defendants. 

All you are doing here is saying what happened below. Trace the history of this court case up until the present court issuing the opinion.  Depending upon how many issues, parties, and appeals, the procedural history can be complicated.  Sometimes it is  helpful to chart this information out in the margins as you read.  You need to  clearly, completely, and correctly identify the parties, the suit and claims, and the how the court below decided the issue.

Points of View:

It is likely that the  plaintiff's  point of view is that their child's death could have been avoided. They feel that it is reasonable for  the defendants  to be held responsible for the death because as adults they had a general obligation to keep alcohol from minors.  At the very least, they should have allowed an intoxicated teen to leave their home driving.

Posted Date: 2/26/2013 4:38:53 AM | Location : United States

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