Civil Procedure Keyed to Friedenthal
Magnani v. Trogi
Plaintiff stated two causes of action in her complaint. The first, as Administratix for the wrongful death of her husband under the Wrongful Death Act. The second, on her own behalf, for reimbursement of medical and funeral expenses incurred by her as a result of her husband’s wrongful death under the Family Expense Statute. Under the Wrongful Death Statute, any recovery had to be distributed by the court and given to the widow and next of kin in proportion as determined by the court. No apportionment was necessary under the Family Expense Statute. In the instant case, neither litigant objected to the single form verdict that was delivered by the jury, instead of individual verdicts on each count. The jury returned with a verdict for the Plaintiff and awarded her $19,000. The trial judge noted the confusion on whether the verdict applied to one count or both. In his memorandum of law, the trial judge ordered a new trial as to the liability and damages issues in the case.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.