Confirm favorite deletion?
Civil Procedure Keyed to Yeazell
Houchens v. American Home Assurance Co
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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:
Coulter Houchens disappeared in 1980. Plaintiff attempted to collect upon two insurances policies issued by Defendant. Both policies required that the insured’s death be caused by accident in order to be covered. Evidence showed that prior to his disappearance, Mr. Houchens was stationed in Dhahran, Saudi Arabia. Sometime around August 14, 1980.Mr. Houchens traveled to Bangkok, Thailand. No one has heard from Mr. Houchens since that time. In April 29, 1988 Plaintiff brought an action to declare Mr. Houchens legally dead under Virginia law. On April 29, 1988, an order was issued by the Circuit Court of Loudoun County, Virginia, declaring that Mr. Houchen’s is presumed to have died between August 15 and August 29, 1980. Plaintiff then brought suit against Defendant for breach of contract involving two insurance policies in the United States Eastern District Court for the District of Virginia. Defendant maintained that there was no evidence of Mr. Houchen’s death, not was there evidence of accidental death. Defendant moved for summary judgment, and the District Court granted the motion. This appeal followed.
- 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.