Confirm favorite deletion?
Civil Procedure Keyed to Friedenthal
Jones v. Morris Plan Bank of Portsmouth
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. Review the Facts of this case here:
The Plaintiff brought suit against the Defendant in an action for damages incurred when the Defendant converted the Plaintiff’s car. The Plaintiff had purchased a car from a used car dealer and traded in his own vehicle to make the unpaid balance due in the sum of $428.40. It was to be paid in 12 monthly installments of $35.70. The note contained a provision that stated if any installment was not paid, that the whole note became due at once. The seller retained title to the car until the Plaintiff paid the balance. The Plaintiff did not pay his May and June installments and the Defendant went to court to obtain payments for those months. The Plaintiff never showed up in that case and judgment was entered for the Defendant. When the Plaintiff did not pay his July statement, the Defendant once again went to court to obtain judgment. The Defendant then took possession of the car without the Plaintiff’s consent and sold it to apply the proceeds to the note. The Plaintiff then filed this action claiming that the Defendant was precluded from bringing the July nonpayment to court because when the Defendant sought relief for the May and June payments, the whole note became due. The Defendant was estopped from bring the July claim and waived its right to the unpaid balance and therefore, was not entitled to convert the car.
- 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.