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Civil Procedure Keyed to Cound
Moore v. Moore
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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:
Plaintiff Rueben Moore sued Defendant Sidney Moore for custody of their child. Defendant answered and the matter came to trial on October 20, 1976. Defendant then filed a motion to conform the pleadings to the evidence. Defendant sought to assert a counterclaim for custody, child support, separate maintenance, and attorneys’ fees. Defendant also filed a second motion that itemized the attorneys’ fees. Defendant was awarded all relief she requested, including custody of the child. Plaintiff was given visitation rights provided he posted bond. Plaintiff appealed, arguing that the Court should not have awarded Defendant any relief because Defendant did not request any relief in the pretrial pleadings.
- 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.
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- 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.