Confirm favorite deletion?
Constitutional Law Keyed to Chemerinsky
Lugar v. Edmondson Oil Co
Facts
The Appellant was a lessee-operator of a truck stop who owed his supplier, the Appellee money. The state law permitted the Appellee to file an ex parte petition based solely on the belief that the Appellant might sell his property to avoid paying creditors. The state granted the prejudgment writ of attachment and sent the local county sheriff to exercise it. But, the Appellant maintained possession of the property. A hearing was conducted after the attachment to determine the validity of the attachment. Thirty-four days after the levy, the trial judge dismissed the attachment for the Appellee’s failure to establish the alleged statutory grounds for the attachment. The Appellant subsequently sues the Appellee on the grounds that it acting jointly with the state took his property without due process of the law
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.