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Civil Procedure Keyed to Yeazell
Moore v. Baker
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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.
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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:
Plaintiff Judith Moore consulted Defendant Dr. Baker about a blockage of her carotid artery. Defendant recommended surgery and warned her about its risks. Plaintiff signed a consent form. The operation went badly and left Plaintiff severely and permanently disabled. Plaintiff sued Defendant. The initial complaint alleged that he had violated Georgia’s informed consent law by failing to advise her of an alternative therapy. Defendant filed a motion for summary judgment on the issue of informed consent. Twenty days later, Plaintiff moved to amend her complaint to assert allegations of negligence by Defendant in the performance of the surgery and post-operative care of Plaintiff. The district court refused to allow Plaintiff to amend her complaint on grounds that the statute of limitations bars the claim asserted in Plaintiff’s proposed amended complaint unless the amended complaint relates back to the date of the original complaint.
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- 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.
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