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Civil Procedure Keyed to Friedenthal
Daniel J. Hartwig Associates, Inc. v. Kanner
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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:
Defendant, an environmental and toxic injury lawyer, hired Plaintiff as an expert witness in a number of his trial cases. Pursuant to the contract between them, Defendant did not pay Plaintiff for his firm’s services stating that he did not have the money to pay him. Plaintiff asked Defendant to sign a promissory note for each of the cases he worked on for Defendant with the understanding that interest was to accrue until the due date and that Defendant would pay reasonable attorney costs involved in claiming the funds due. Defendant still did not pay and Plaintiff brought a breach of contract suit. Defendant did not show up to trial or present any witnesses. At the close of evidence, the district court judge directed verdict for Plaintiff – $40,725.04 the amount due in services rendered and interest and $3,500.00 for attorney’ fees in collecting payment. Defendant appealed arguing that the district court was precluded from directing verdict for Plaintiff because there was a m aterial issue of fact as to whether the contract was void due to Plaintiff’s misrepresentations prior to entering the contract. Defendant alleged that Plaintiff misrepresented his educational background and did not disclose the existence of Plaintiff’s second company, an asbestos removal company, which created a conflict of interest with respect to Defendant’s environmental legal work.
- 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.