Confirm favorite deletion?
Civil Procedure Keyed to Friedenthal
Schlagenhauf v. Holder
Facts
A Greyhound bus and tractor-trailer were involved in an accident. Petitioner was driving the bus at the time and was consequently sued by the passengers, as were Greyhound and the owners of the tractor (Contract Carriers, Inc.) and the trailer (National Lead Company). Greyhound cross-claimed against Contract Carriers and National Lead for damages sustained to the bus, alleging the accident was caused due to their negligence. In its answer, Contract Carriers asserted the accident was due to the negligence of the Petitioner. Contract Carriers and National Lead petitioned the District Court for an order to have Petitioner submit to physical and mental exams. Nine physicians’ names were submitted to give the District Court a choice of specialists. The petition, based on the allegations in Contract Carriers’ answer, alleged that Petitioner’s mental and physical condition were at issue. National Lead then filed its own answer to Greyhound’s cross-claim. The District Court, on the ba sis of the petition filed by Contract Carriers, ordered Petitioner to submit to 9 examinations, without a hearing. Petitioner filed a Writ of Mandamus to the Court of Appeals against the Respondent, District Court Judge Holder (Respondent), to set aside the order requiring the mental and physical exams. The Court of Appeals denied mandamus.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.