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Contracts Keyed to Knapp
Credit Bureau Enterprises, Inc. v. Pelo
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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:
Defendant was hospitalized under an emergency hospitalization order after threatening to commit suicide. Initially, Defendant refused to sign a release. The release makes the patient or the patient’s insurance provider liable for the hospital. According to Defendant, he was awakened at approximately 5:00 A.M. and told by a nurse that the hospital could not insure the safety and return of his person items until he signed the release. Defendant then read and signed the release. The release form stated that Defendant understood he would be liable for any portion of the hospital bill not covered by insurance. Defendant’s wife filed an application to continue his involuntary hospitalization, but Defendant was released. After his release, Defendant refused to pay or authorize his insurance provider to pay his hospital bill.
- 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.