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Civil Procedure Keyed to Friedenthal
Bank of California Nat. Ass’n v. Superior Court
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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:
Boyd died with a will that was admitted to probate, and Bank of California National Association, Defendant was appointed executor. A number of people were left legacies and bequests and St. Luke’s Hospital, Defendant, was named residuary legatee and devisee. Smedley, niece and legatee of the deceased, brought suit to enforce a contract that allegedly left the entire estate to her. The complaint named the executor and all the beneficiaries of the will, and prayed for a decree naming Smedley the owner of the entire estate after payment of debts and expenses, and that title to the property be quieted. Summons was served on Bank of California and St. Luke’s Hospital but none of the other beneficiaries. Defendants filed a motion for an order to have summons issued and served upon the other named defendants on the grounds that they were “necessary and indispensable parties” to the action. The motion was denied. Defendants appealed for a writ of prohibition to restrain the trial unti l the other parties were brought in.
- 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.