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Civil Procedure Keyed to Friedenthal
Bellino v. Simon
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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:
The plaintiff, a California resident, through his business, Forensic Document Services, sold two autographed baseballs to Christopher Aubert, a resident of Louisiana. Aubert attempted to learn more about the baseballs by visiting the Richard Simon Sports website on the Internet. Said website was maintained by defendant Simon, a New York resident. Aubert initiated contact with Simon by completing a visitor form on the website. Simon responded, and the two men exchanged several emails. Aubert then invited Simon to call him regarding the baseballs, and Simon called. During their conversation, Simon allegedly made several defamatory statements about the plaintiff. The two continued to exchange emails, and several from Simon contained additional defamatory remarks about the plaintiff. On Simon’s recommendation, Aubert consulted defendant Spence, a Pennsylvania resident, regarding authentication of the baseballs. Spence allegedly defamed the plaintiff during that phone call. The pla intiff thereafter initiated this suit for defamation, and both defendants moved for dismissal for lack of personal jurisdiction.
- 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.