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Popov v. Hayashi
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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:
Babe Ruth set the Major League Baseball home run record in 1927 with 60 home runs in a season. Roger Maris broke that record in 1961, hitting 61 home runs. Mark McGwire topped Maris in 1998 with 70 home runs.In 2001, Barry Bonds broke McGwire's record. Toward the end of the 2001 season, Barry Bonds was expected to break his own record, andfans began to congregate in the areas where he was most likely to hit a home run. On October 7, 2001, Bonds hit his 73rd home run. In the stands that day were Alex Popov (Plaintiff) and Patrick Hayashi (Defendant). As the ball reached the stands, Plaintiff was able to make contact with the ball through his glove. As the ball entered the glove, Plaintiff was attacked by those surrounding him, dislodging the ball. Defendant was not involved in this attack. The ball then rolled to Defendant, who placed it in his pocket until he was escorted by security to a secure area in the stadium. Plaintiff sued Defendant for ownership of the ball.
- 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.