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Civil Procedure Keyed to Yeazell
Searle Brothers v. Searle
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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:
During the divorce proceeding between Edlean Searle (D) and Woodey Searle, a piece of property called the “Slaugh House” which stood in Woodey’s name was determined in court to be part of the couple’s shared property. The property was awarded in whole to Edlean Searle (D). Woodey pleaded a half interest in the property, while the other half belonged to Searle Bros.(P), a partnership between Woodey and his sons. Searle Bros.(P) then filed suit against Edlean Searle (D),claiming that it had an undivided half-share in the house. The trial court decided that the matter was res judicata and collateral estoppel meant that the issue of property interest in Slaugh House had already been determined during the divorce litigation, so that no subsequent litigation could be brought by Searle. Bros. (P).
- 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.