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Civil Procedure Keyed to Friedenthal
Garrity v. State Board of Administration
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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:
Plaintiff Garrity sued Defendant Kansas Board of Administration. Plaintiff alleged in his complaint that the Kansas State Board of Regents, by the curator of mammals, entered onto Plaintiff’s property and removed a fossil worth $2,500. Plaintiff alleged that he did not receive compensation for the fossil. Plaintiff further alleged that Defendant is the successor to the now extinct Board of Regents and is responsible for the Board of Regents and curators’ obligations in tort and contract. Defendant argued that the complaint was for conversion and the two year statute of limitations ran on Plaintiff’s claim.
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- 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.
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