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Civil Procedure Keyed to Cound
Hanover Logansport, Inc. v. Robert C. Anderson, Inc
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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.
- 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 and the Defendant entered into a lease agreement where the Plaintiff leased a property for the Defendant to use as a liquor store. The Plaintiff failed to provide the premises on the agreed date and the Defendant sued for breach of contract. Before the trial date, however, the Plaintiff offered to deliver the premises and the Defendant agreed to take it with the reservation that he accepted the premises for purposes of mitigation and not in settlement of damages. The parties filed the stipulation as agreed upon in the court and the Defendant took the premises. After a few months the Plaintiff moved to dismiss the present action and the court denied it. The Plaintiff appealed on the grounds that the prior judgment recorded precluded any further litigation based on the same cause of action.
- 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.