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Civil Procedure Keyed to Marcus
Kedra v. City of Philadelphia
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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:
Plaintiffs’ complaint alleges that two of the Kedra children and the husband of another were arrested on December 22, 1975, without probable cause, beaten, and interrogated at the police station. Seven days later, police officers conducted an unlawful search of the Plaintiffs’ home, unlawfully detained members of the family and took some members to the station where they were beaten. It is further alleged that police engaged in a systematic pattern of harassment of Plaintiffs. One son was arresting and beaten in June, 1976, and another son was harassed by police in February or March, 1977. Plaintiffs jointly filed suit under civil rights statutes, 42 U.S.C. Section:Section: 1983, 1985, 1986, for deprivation of constitutional rights and sought compensatory and punitive damages. Defendants argued improper joinder of parties, because Plaintiffs’ claims against them did not arise out of the same transaction or occurrence. The claims stemmed from events spanning fifteen months.
- 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.