Civil Procedure Keyed to Friedenthal
Hanna v. Plumer
ProfessorTodd Berman
CaseCast™ – "What you need to know"
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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:
Hanna (Plaintiff) and a citizen of Ohio sued Plumer (Defendant) and a citizen of Massachusetts in a federal court in Massachusetts. Defendant was executor of Osgood’s estate. Osgood was also a Massachusetts resident. Plaintiff alleged that she was involved in a car accident with Osgood in South Carolina. Service of process was made by leaving copies of the summons with Defendant’s wife, which complies with Federal Rule of Civil Procedure 4(d)(1). Defendant filed an answer stating that the action could not be maintained because it did not comply with Mass. General Laws Chapter 197, Sec. 9 which requires in hand delivery of the summons. The District Court granted summary judgment for Defendant after finding that the Massachusetts law was “outcome determinative.” The Court of Appeals affirmed the District Court’s judgment, ruling that the legislative purpose of the Massachusetts statute was to require personal notification within a year, which is a “substantive” matter.
- 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.