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Civil Procedure Keyed to Crump
Meagher v. Long Island R.R. Co.
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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’s husband died after attempting to exit a train at a stop which was not on the schedule for the train to be stopped at. The plaintiff sued for negligence and the defendant argued contributory negligence under the relevant railroad laws that stated that the defendant could not be liable for an injury to an unauthorized passenger leaving the train. The defendant requested the judge to instruct the jury that if the plaintiff’s injuries were not caused by the train then they could not be held liable. However, the court instructed the jury that the plaintiff was only contributorily negligent if they left the train going faster than 2 miles per hour. The judge further stated that if the plaintiff had gotten on and attempted to get off the train, then the relevant railroad laws argued by the defendant did not apply. The defendants objected to the jury instruction as deliberations began. The judge then reread the jury instructions and the defendants did not object again.
- 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.