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Civil Procedure Keyed to Friedenthal
Aetna Casualty & Surety Co. v. Yeatts
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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:
The Plaintiff denied liability to the Defendant, Yeatts (Defendant), on coverage of a policy of indemnity insurance. The Plaintiff stated that the Defendant engaged in criminal activity at the time he incurred the liability for the recovery that was had against him. Such liability was expressly excluded from the policy coverage. The question as to the Defendant’s criminal activity was submitted to the jury. Though there was ample evidence to find for the Plaintiff, the Defendant was examined as a witness and the jury found for the Defendant. The Plaintiff moved for a judgment notwithstanding the verdict and motioned for a new trial, stating that the verdict was contrary to the evidence in the case. The Plaintiff was denied both and it 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.