Civil Procedure Keyed to Friedenthal
La Buy v. Howes Leather Co
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:
This certiorari to the Supreme Court consolidated two cases. The Petitioner, a United States District Judge asserted that the two cases had been burdensome, in that many hearings were conducted on preliminary pleas and motions. The cases were called on February 23, 1955, on a motion to reset them for trial. The Petitioner asserted that it had taken a long time for the case to get to trial and asked the litigants if they could agree to have a Master hear the case. In chambers the next day, the District Judge made the decision himself that the case would be referred to a Master. The orders declared that the court had a heavily congested calendar and that exceptional circumstances existed to warrant the references to the Master. The Master was to take the evidence and report it to the Court along with his findings of fact and conclusions of law. When the Petitioner refused to vacate the references, the mandamus actions were filed in the Court of Appeals seeking issuance of the writs ordering the Petitioner to vacate. The Court of Appeals held that the judge refused to try the cases in due course and that the orders were beyond the court’s authority under 28 U.S.C. Section: 1651(a).
- 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.