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Civil Procedure Keyed to Marcus
Will v. Hallock
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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:
Susan and Richard Hallock owned and operated a computer software business from home. Richard’s credit card was stolen and used to purchase child porn. The United States Customs Service investigates people that logged onto this child porn website. During the investigation the agents destroyed the equipment, software and disk drives so badly that the Hallocks were forced out of business. No criminal charges were brought against Richard, but the Hallocks chose to sue the government under the Federal Tort Claim Act to abrogate the Government’s immunity from suit. Meanwhile Susan also brought suit against the actual agents that caused the harm. When the district court decided not to waive immunity, the agents filed a motion to dismiss the case and to bar judgment based on the first case as well but the court denied that motion. The Court of appeals found collateral jurisdiction and affirmed the district courts ruling.
- 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.