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Civil Procedure Keyed to Friedenthal
Denman v. Spain
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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:
Plaintiff, a minor, was driving with her grandmother when their car was involved in a fatal head on accident with the Defendant’s vehicle. Plaintiff survived and sued the deceased Defendant’s estate claiming his negligent operation of his vehicle caused her personal injuries. At trial, Plaintiff offered photographs of the damaged vehicles and the testimony of two witnesses. Both witnesses claimed they saw Defendant driving at a high rate of speed, but that to their knowledge he was on the correct side of the road. There were no eyewitnesses to the actual accident, as the survivors could not remember the accident details. Plaintiff claimed it could be inferred that the accident would not have happened, but for the negligent manner in which Defendant drove his car, compounded with the bad weather and his excessive driving speed. The jury came back with a verdict for the Plaintiff and awarded her $5,000. Defendant moved for a judgment notwithstanding the verdict and was granted i t.
- 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.