Civil Procedure Keyed to Field
Spilker v. Hankin
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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:
Plaintiff was an attorney who did legal work for Defendant. Defendant gave Plaintiff a series of promissory notes as payment for that work. Defendant refused to pay one of the notes, claiming that Plaintiff’s fee was unconscionable and that Plaintiff had already been overpaid. Plaintiff sued and was awarded judgment. When the other promissory notes became due, Plaintiff again sued and moved for summary judgment. Defendant raised the issue of misrepresentation and the trial court denied Plaintiff’s motion for summary judgment and found for Defendant. The appellate court reversed and Defendant appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.