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Civil Procedure Keyed to Subrin
Brandon v. Chicago Board of Education
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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 was represented by Paul F. Peters in his Americans with Disabilities action against Defendant. The district court clerk mistakenly listed another attorney, Paul A. Peters as Plaintiff’s attorney in the court’s docket. Therefore, Plaintiff’s attorney was not receiving any correspondence from the court. Plaintiff’s lawyer missed notices for status hearings, and after missing the second hearing the case was dismissed for want of prosecution. Plaintiff’s attorney filed a Rule 60 motion one year and three days after the dismissal, arguing that the error was due to the court clerk and through no fault of their own. The district court denied Rule 60 relief. On appeal, Plaintiffs seek relief under the catchall provision of Rule 60(b)(6), while Defendants argue that only Rule 60(b)(1) applies, which means that Plaintiff would miss the one-year deadline.
- 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.