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Civil Procedure Keyed to Friedenthal
Hess v. Pawloski
ProfessorBrittany L. Raposa
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:
Pawloski (Defendant) is a resident of Pennsylvania. In Massachusetts, Hess (Plaintiff) sued Defendant, alleging that Defendant negligently and wantonly drove on a public highway in Massachusetts. Under the Massachusetts statute, by driving on a Massachusetts highway, a nonresident-motorist designates the state registrar as her lawful attorney who may be served with process in relation to a cause of action arising out of the non-resident’s use of the highway, provided that notice of such service be sent to the Defendant. The service of process was made in compliance with the statute, but no personal service or attachment of property was made to Defendant. Defendant filed a motion to dismiss arguing that the statute violated the Due Process Clause of the 14th Amendment to the U.S. Constitution. The motion to dismiss was denied by the lower court, who stated that statute was valid exercise of police power. There was a subsequent verdict for Plaintiff. D appealed.
- 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.