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Civil Procedure Keyed to Cound
Ralph Wolff & Sons v. New Zealand Insurance Company
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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.
- 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 suffered a partial loss to their candy factory due to a fire. Twelve insurance policies existed on the property for the total amount of $19,500. In one action brought against nine of the insurers for the amount of those policies totaling $14,500, a jury awarded the Plaintiff $2,500. The award was reduced to $1,858.90, the fractional amount of the 9 insurers’ liability ($14,500 divided by $19,500). The Plaintiff then brought action against the Defendants, New Zealand Insurance Company and another insurer (Defendants), for the amount of $1,000. The Defendants claimed that the Plaintiff was estopped to a claim greater than $2,500, the amount that the jury awarded in the first action and that if Defendants were liable at all, that it was for their fractional amount $128.20 each ($1,000 divided by $19,500). The trial court held the Defendants liable for that amount. The Plaintiff appealed.
- 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.