Civil Procedure Keyed to Friedenthal
Fuentes v. Shevin
ProfessorTodd Berman
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:
Fuentes (Plaintiff) defaulted on payments made to Firestone for property financed from Firestone. The applicable agreement stated that Firestone may retake the property in the event of default of payment. Firestone received a writ of replevin and repossessed the property. Other individuals had a similar problem in different jurisdictions. Plaintiff sued the Attorney General challenging the constitutionality of the prejudgment replevin statutes in Florida and Pennsylvania. Plaintiff argued that the statutes violate the Due Process Clause of Fourteenth Amendment. Both statutes give a writ of replevin prior to any hearing. In addition, under the Pennsylvania statute, the person whose property is seized has the burden of bringing lawsuit. Under both statutes, the person seeking repossession must post a security bond. The accused must post a security bond double the value of property seized within three days of repossession in order to get the property back before the proceedings.
- 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.