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Civil Procedure Keyed to Friedenthal
Allen v. McCurry
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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.
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- 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:
McCurry was charged and convicted with possession of heroin under state law. During the criminal proceedings, he challenged the legality of the police search of his home under the Fourth Amendment of the United States Constitution. The state court held that the search did not violate the Fourth Amendment prohibition against unreasonable searches and seizures. McCurry subsequently filed this federal civil rights action under 42 U.S.C. Section: 1983, asserting that police officers unconstitutionally searched his house and seized property used to convict him. The district court granted summary judgment against McCurry on the ground that he had already litigated and lost this Fourth Amendment issue during the state criminal law proceedings. The Court of Appeals for the Eighth Circuit reversed, and the defendants instituted this appeal to the United States Supreme Court.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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