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Civil Procedure Keyed to Cound
Lavender v. Kurn
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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:
Haney was a switch operator for a train company, who was found dead on train tracks. The Petitioner presented evidence that Haney was killed as a result of a mail hook hanging loosely down on the outside of a mail car. Under the theory advanced by the Petitioner, recovery would be allowed under the Act. Respondent’s theory was that Haney was murdered, pointing to the fact that his empty wallet was found near his body. Under Respondent’s theory, no recovery would be allowed under the Act. The jury returned a verdict for Petitioner. The Supreme Court of Missouri vacated the jury verdict. It found that there was insufficient evidence for the conclusion to find for Petitioner.
- 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.
- 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.