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Civil Procedure Keyed to Friedenthal
State ex. rel. Sivnksty v. Duffield
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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:
Sivnksty, Petitioner, a non-resident of Gilmer County, traveled into Gilmer County, West Virginia for the Fourth of July vacation weekend. While in Gilmer County, Petitioner accidentally hit two children with his automobile. Petitioner was arrested and then incarcerated for reckless driving in Gilmer County arising from the car accident with the children. While in jail, Petitioner was served with a civil lawsuit regarding the injuries suffered by one of the children. Petitioner could not afford bail and thus stayed in jail until he was tried and convicted of reckless driving. Petitioner filed a plea in abatement in the civil suit claiming that he was immune from process while he was in jail. The lower court sustained a demurrer to the plea and abatement and Petitioner filed a writ of prohibition to the Supreme Court of Appeals of West Virginia.
- 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.