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Civil Procedure Keyed to Marcus
Davis v. Ross
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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:
In Plaintiff’s defamation action against Defendant based on a letter written and disseminated by the Defendant, the complaint states the Plaintiff was employed as an executive assistant to Defendant. Defendant’s letter to Plaintiff stated that Defendant had to layoff Plaintiff because either her work or personal habits were unacceptable. Plaintiff sued alleging that the letter contained false statements. The district court granted Defendant’s Motion to Dismiss on the ground that the text of the letter was not libelous, as it only expressed Defendant’s dissatisfaction, rather than making a representation of Plaintiff’s job performance. The court of appeals reversed and remanded stating that the letter may have a defamatory interpretation. The case is currently before the court to hear the parties’ cross-motions to compel discovery.
- 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.