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Civil Procedure Keyed to Yeazell
Bonerb v. Richard J. Caron Foundation
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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:
In a diversity action, Plaintiff, a New York resident, alleged that he was injured while he was a rehabilitation patient at the Defendant’s Westfield, Pennsylvania facility. Defendant is a non-profit rehabilitation agency licensed and doing business in Pennsylvania. Plaintiff sought damages related to a slip and fall accident while he was playing basketball on Defendant’s recreational basketball court. Plaintiff alleged that while he was a rehabilitation patient at Defendant’s Westfield facility, he was participating in a mandatory exercise program. Plaintiff claimed that the Defendant negligently maintained the basketball court. The district court granted Plaintiff’s motion for substitution of new counsel. One month later, Plaintiff moved to amend his complaint to add a new cause of action for “counseling malpractice.” Plaintiff’s new attorney alleges that investigations undertaken since he became Plaintiff’s attorney, indicate to him that a malpractice claim is appropriate. Defendant objected on the grounds that the malpractice claim does not relate back to the original pleading and was therefore barred by Pennsylvania’s two-year statute of limitations.
- 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.