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Civil Procedure Keyed to Subrin
Pennoyer v. Neff
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
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Access the most important case brief elements for optimal case understanding.
*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:
Mitchell, a lawyer, sued Defendant, his client, in Oregon state court for unpaid legal fees. At the time Defendant was a non-resident of the state who was not personally served with process. Constructive service was issued upon Defendant by publication. Defendant did not come to court or otherwise resist the lawsuit, and default judgment was entered against him. After the default judgment, Defendant acquired 300 acres of land in Oregon. To satisfy his judgment against Defendant, Mitchell had the sheriff seize and sell Defendant’s land. The land was purchased by Plaintiff, who received a sheriff’s deed as evidence of title. The sheriff then turned the sale proceeds over to Mitchell. Shortly after the sheriff’s sale, Defendant discovered what had happened to his land and brought suit against Plaintiff to recover the land. This appeal followed after Defendant lost his suit against Plaintiff.
- 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.