Civil Procedure Keyed to Friedenthal
Fisch v. Manger
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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 severe injuries in a car accident and received $3,000 from the jury. The jury’s award covered the Plaintiff’s actual expenses, but awarded him virtually nothing for pain and suffering. He appealed stating the sum was inadequate. The trial judge wrote to the parties stating, that unless the Defendants raised the verdict in writing to $7,500, the judge would set aside the verdict and order a new trial as to the damages issue only. The Defendants agreed, but the Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.