Civil Procedure Keyed to Yeazell
McKey v. Fairbairn
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- 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.
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- 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:
Mrs. Littlejohn (P) had a leak in her apartment roof. She notified her landlord (D). Before it could be repaired, a heavy storm occurred which resulted in significant leaking of water on her bedroom floor. Mopping the water twice the next morning still left the floor wet. As a result when she re-entered the room she slipped and fell injuring herself. She sued for damages, and at trial her counsel verbally agreed with the judge that the theory of recovery was negligence in her case. After this, Mrs. Littlejohn (P) moved to cite certain housing regulations which were claimed by her to be relevant to her complaint, but the motion was denied. The judge also directed the verdict to be in favor of the defendant. She appealed the decision.
- 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.