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Civil Procedure Keyed to Friedenthal
M.K. v. Tenet
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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:
Plaintiffs brought this action after they were effectively denied assistance of counsel when their counsel was unable to access their employment records. Plaintiffs were accusing Defendants of placing incorrect or unwarranted material in their employment files. Defendants filed a Rule 12 motion to dismiss under the Federal Rules of Civil Procedure, which was partly granted. Plaintiffs amended their complaint, and now Defendants have moved to sever six of the Plaintiffs from their complaint under Rules 20(b), 21 and 42(b). Plaintiffs wanted to amend after intervening precedent supported their contention that their rights under the First Amendment to the United States Constitution when they were not allowed to disclose documents to their attorneys. Plaintiffs also expanded their accusations of Defendants’ obstruction. Defendants complained that the amended complaint was factually diverse, lacked a common thread between Plaintiffs and therefore placed an undue burden on the m.
- 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.