Confirm favorite deletion?
Civil Procedure Keyed to Friedenthal
Tickle v. Barton
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Tickle, Plaintiff, sued Barton, Defendant, for trespass on the case. Plaintiff made a first attempt to serve Defendant, the validity of which was still pending. Plaintiff’s attorney procured an alias summons. Defendant was indisputably served with this summons by the local sheriff. Defendant, however, filed a plea in abatement, alleging that Plaintiff’s attorney called Defendant and lured him to the location where he was served by informing him that a party would occur there. Defendant alleged that he would not have gone to that location if he knew he was speaking to Plaintiff’s attorney and that the purpose of inviting him to the party was to serve him with process. Plaintiff filed a demurrer to the plea, which the circuit court overruled. 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.