Confirm favorite deletion?
Civil Procedure Keyed to Cound
Brune v. McDonald
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:
Plaintiff Brune was injured in a car accident with Defendant McDonald when Defendant drove off the road into a tree. Plaintiff sued Defendant alleging that Defendant was speeding, failed to keep control of the vehicle, failed to heed Plaintiff’s warning and failed to keep a proper lookout. In addition, the complaint alleged that Defendant drank alcohol. This was later omitted from the complaint. Defendant’s insurer filed a motion to intervene, alleging that Plaintiff and Defendant were both drinking alcohol during the accident, that Plaintiff and Defendant were good friends, and that Plaintiff intended to falsely allege that she did not know Defendant was drinking. In addition, the insurer alleged that Plaintiff intended to seek the policy proceeds right before the statute of limitations expired to make any claim for fraud stale and to only go after the insurer for any money judgment. The insurer sought to restrain Plaintiff from further pursuing her action pending resolution of whether the insurer will be liable on the policy if judgment is rendered against Defendant. The insurer’s motion to intervene was denied.
- 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.