Confirm favorite deletion?
Civil Procedure Keyed to Cound
Coulas v. Smith
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. Review the Facts of this case here:
The Plaintiff brought a suit against the Defendant and another Defendant (Cross- Claimant) for an open account and promissory note. The Cross-Claimant answered the Plaintiff’s complaint denying any liability and filed a cross claim against Defendant for any amounts the Plaintiff may have been awarded against him. The Defendant answered the Plaintiff and Cross-Claimant and countersued the Plaintiff. Plaintiff answered the Defendant’s counterclaim. The court clerk notified all parties of the trial date. Before trial, however, the Plaintiff and Cross-Claimant agreed to postpone the trial by two months and the court clerk notified all parties of the new date. Though the Defendant’s attorney did not ask for the postponement and was not present at the courthouse, the court clerk maintained that the Defendant was notified as well. On the new trial date, Defendant was not present and a judgment was entered against him. The Plaintiff received judgment against the Defendant on both counts and against the Cross-Claimant on the promissory note. The Cross-Claimant in turn obtained judgment against the Defendant on the promissory note. Nearly two years later, the Defendant filed a motion to vacate the judgment and was denied by the trial court.
- 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.