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Civil Procedure Keyed to Cound
Lundeen v. Cordner
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*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.
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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:
The Plaintiff, Lundeen (Plaintiff), brought suit on behalf of her children against the insurer of her deceased ex-husband’s insurance policy and trustee of his estate. Plaintiff claimed her two children were the sole beneficiaries of the policy. The Defendant, the deceased’s new wife (Defendant), intervened in the action claiming the deceased had changed the beneficiary designations and that she was a claimant of the policy. Defendant brought forth numerous affidavits as to the beneficiary change and the trial court awarded summary judgment to the Defendant. Plaintiff appealed claiming a triable issue of fact remained in that the testimony of a witness at trial could help Plaintiff prove her case.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.