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Civil Procedure Keyed to Friedenthal
Worthington v. Wilson
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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:
Worthington, Plaintiff, was arrested by two police officers who allegedly twisted Plaintiff’s hand and broke it. Exactly two years later, Plaintiff filed a complaint in state court against Peoria Heights, Illinois and three unknown police officers, Defendants, claiming the police officers violated his civil rights. Peoria Heights removed the action to federal court. Four months later, Plaintiff filed an amended complaint, which named the real identity of the two officers as Defendants. Defendants moved to dismiss the amended complaint on the grounds that the statute of limitations had run and that the complaint failed to state a proper claim under 42 U.S.C. Section: 1983 and for sanctions. There was a hearing in front of the magistrate and the magistrate recommended that the motion to dismiss and the motion for sanctions be allowed. Plaintiff filed an objection to the recommendation. The court held an additional hearing on the pending motions.
- 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.