Civil Procedure Keyed to Friedenthal
Rush v. City of Maple Heights
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- 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:
The Plaintiff suffered property damages to her motorcycle and personal injuries to her body resulting from the negligence of the Defendant in maintenance of its street. The Plaintiff sued the city in negligence for damages to her property in Municipal Court and was awarded $100. The Plaintiff also brought an action in the Court of Common Pleas for personal injuries that she sustained from the accident. Her motion to set trial on the issue of damages alone was granted on the ground that the issue of negligence was res judicata because of the Municipal Court action. The Plaintiff was awarded $12,000 and the Court of Appeals affirmed.
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- 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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