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Civil Procedure Keyed to Yeazell
Hawkins v. Master Farms, Inc.
ProfessorTodd Berman
CaseCast™ – "What you need to know"
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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:
On December 8, 2000, James Creal was killed while his automobile was struck by a tractor owned by Defendant Master Farms, Inc., on Mineral Point Road, just south of Troy, Kansas. At the time of his death, Mr. Creal was living in Troy, Kansas. His death certificate lists Kansas as his residence. Until his death in December 2000, Mr. Creal retained certain connections with the State of Missouri. In November 1999, he applied for a Missouri title and license for his Chevrolet van using his mother’s St. Joseph address. In December 1999, he applied for automobile insurance on the van using the same address. In March 2000, he listed the address when he took out a loan and applied for a new Missouri title on the van to name a new lien holder. In April 2000, he renewed his Missouri driver’s license for three more years under the address. In May 2000, he filled out a form for life insurance listing the address. Mr. Creal also received mail and his paycheck stubs at his mother’s house, where he stopped by every week to visit. After his death, an estate was opened for Mr. Creal in Buchanan County, Missouri alleging that he resided at his mother’s address at the time of his death. Plaintiff, the executor of Creal’s estate, brought an action against Defendant in Federal district court, alleging diversity jurisdiction. Defendant disputed that there was complete diversity between the parties, and moved to dismiss.
- 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.