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Civil Procedure Keyed to Marcus
Mitchell v. Archibald & Kendall, Inc
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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.
- 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:
Plaintiffs filed an action against Defendant to recover damages for injuries suffered on land adjacent to Defendant’s property. The complaint states that Plaintiffs were delivering Defendant’s products to its warehouse. When they arrived at the warehouse, Defendant’s employees directed Plaintiff to wait on the street until they unloaded another truck that was already in the warehouse. It was the Defendant’s practice, custom and habit to do this while unloading other trucks. Plaintiff was waiting on the street, when two men approached the truck and demanded money. When Plaintiff refused to give them money on demand, one of the men shot Plaintiff in the face causing him permanent injuries. The complaint also alleged that the Defendant knew or should have known of criminal activity or high risk thereof in the area. The complaint set forth five duties that the Defendant breached. First, it was the Defendant’s duty to exercise ordinary care to maintain premise and adjacent areas in reasonably safe manner. Second, Defendant breached the duty to exercise reasonable care to provide a reasonably safe means of ingress and egress within confines owned and operated by the Defendant. Third, Defendant owed Plaintiffs the duty to exercise reasonable care to protect them from criminal acts of third persons while on Defendant’s property and beyond precise boundaries. Fourth, Defendant owed Plaintiff the duty to give notice and warning of the criminal activity, which was known to the defendant. Finally, Defendant had a duty to the Plaintiff to keep its premises and immediate adjacent area well policed and exercise reasonable care to see that invitees were protected from criminal acts of third persons and take reasonable steps to prevent such injuries.
- 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.
- 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.