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Civil Procedure Keyed to Friedenthal
Wyman v. Newhouse
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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:
Appellee in the present case and Defendant in the state court case, Newhouse (Defendant) was a resident of New York. Appellant in the present case and Plaintiff in the state court case, Wyman (Plaintiff), was a Florida resident. Plaintiff and Defendant were having an extramarital affair. Plaintiff called and telephoned Defendant and falsely told him that her mother was sick and that she was leaving the country. Plaintiff told Defendant to come to Florida before she left the country. When Defendant arrived in Florida, he was served with the complaint and summons of a civil suit. Defendant returned to New York and was advised by New York counsel to ignore the complaint. Default judgment was entered against Defendant. Plaintiff filed a complaint in federal court in New York seeking to enforce the judgment against Defendant. Defendant filed a motion to dismiss the complaint on the grounds that Florida had no jurisdiction to bind Defendant to the judgment. The lower court granted t he motion and dismissed the complaint, which Plaintiff appealed.
- 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.