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Civil Procedure Keyed to Cound
Mullane v. Central Hanover Bank & Trust Co.
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
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- 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:
Appellee, Central Hanover Bank & Trust, set up common fund pursuant to a New York statute allowing the creation of common funds for distribution of judicial settlement trusts. There were 113 participating trusts. Appellee petitioned for settlement of its first account as common trustee. Some of the beneficiaries were not residents of New York. “Notice” was by publication for four weeks in a local newspaper. Appellee had notified those people by mail that were of full age and sound mind who would be entitled to share in the principal if the interest they held became distributable. Appellant was appointed as special guardian and attorney for all persons known or unknown not otherwise appearing who had or might thereafter have any interest in the income of the common trust fund. Appellee was appointed to represent those interested in the principal. Appellant appeared specially, objecting that notice by publication, permitted under the applicable statute was inadequate to afford the beneficiaries due process under the Fourteenth Amendment and that therefore jurisdiction was lacking.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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