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Evidence keyed to Fisher
Jaffee v. Redmond
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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:
On June 27, 1991, the Respondent, responded to a fight at an apartment complex. The Respondent shot Mr. Allen believing he was about to stab a man he was chasing. The administrator of Mr. Allen’s estate, the Petitioner, filed suit in Federal District Court alleging the Respondent violated Mr. Allen’s constitutional rights by using excessive force. During discovery, the Petitioner learned that the Respondent participated in 50 counseling sessions with a clinical social worker, Karen Beyer (“Ms. Beyer”). The Petitioner sought access to the notes taken by Ms. Beyer during those sessions and the Respondent resisted their discovery arguing that disclosure should be prevented because of a psychotherapist-patient privilege. The district judge allowed the discovery, but neither Ms. Beyer nor the Respondent complied with the request. The judge advised the jury that the refusal to turn over Ms. Beyer’s notes could be considered a presumption that the content of the notes would hav e been unfavorable to the Respondent. The jury awarded the Petitioner $45,000 on the federal claim and $500,000 on her state-law claim. The Court of Appeals for the Seventh Circuit (“Seventh Circuit”) reversed and remanded for a new trial concluding that a psychotherapist-patient privilege should be recognized.
- 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.