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Civil Procedure Keyed to Subrin
Jarosz v. Palmer
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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 hired Defendant attorney to help Plaintiff and three other partners acquire and finance a company. When Plaintiff had a falling out with the other partners, Defendant represented the three partners in defending a wrongful termination and breach of fiduciary duty suit filed by Plaintiff. Plaintiff moved to disqualify Defendant from representing the partners, but the judge dismissed the motion. Plaintiff then brought this action against Defendant for legal malpractice, breach of fiduciary duties and other state statutes. Defendant moved for dismissal because the issue of attorney-client privilege between Plaintiff and Defendant was precluded in light of the court’s decision in the other case. Plaintiff argued that issue preclusion would not apply because there was no evidentiary hearing, and that the issue was not central to the prior judgment.
- 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.