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Civil Procedure Keyed to Subrin
Daynard v. Ness, Motley, Loadholdt, Richardson & Poole P.A
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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:
Plaintiff is a law school professor who advised law firms representing states in litigation against tobacco companies. Defendant was a South Carolina firm, and another defendant that has since been dismissed was from Mississippi. Plaintiff claims that he had an agreement with Defendant firms wherein he would receive 5% of attorney’s fees paid to Defendants. Plaintiff finalized the agreement by shaking on it with a partner from the Mississippi firm. After the law firms won their cases and received millions of dollars, Plaintiff sought his portion. Plaintiff brought this action against Defendant and the Mississippi firm, but the Mississippi firm was dismissed for a lack of personal jurisdiction. Defendant then moved to dismiss the case under Rule 12(b)(7) for failure to join an indispensable party. Defendant argued that the deal was consummated between Plaintiff and a partner from the Mississippi firm and therefore the other firm was indispensable.
- 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.