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Civil Procedure Keyed to Friedenthal
Krisa v. Equitable Life Assurance Society
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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:
Defendant denied Plaintiff’s claim of disability benefits under an insurance policy. Plaintiff brought suit and requested the Court to order Defendant to turn over documents generated by or provided to Defendant’s expert witnesses pursuant to Federal Rule of Civil Procedure (FRCP) Rule 26(b)(4). Defendant claimed the documents were protected work product and at an oral hearing the trial judge ordered an in camera inspection of the documents. The documents were mostly draft reports from three expert witnesses: (i) Davison, an attorney; (ii) Geisser, a forensic accountant and (iii) Blum, a doctor. Defendant claimed all of Davison’s documents to be work product. Defendant only claimed the work product privilege on some of Geisser’s documents and asserted the rest were transmittal letters, outside the scope of discovery permitted by FRCP Rule 26(a)(2)(B). Defendant claimed that 18 documents withheld from Dr. Blum’s production were also transmittal letters outside the scope of deli very permitted by FRCP Rule 26(a)(2)(B).
- 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.