Property Law Keyed to Dukeminier
McAvoy v. Medina
ProfessorTodd Berman
CaseCast™ – "What you need to know"
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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:
Plaintiff was a customer at Defendant’s barber shop and found a pocket-book on the counter which he left with Defendant so that Defendant could attempt to discover the rightful owner. When the rightful owner was not found, Plaintiff demanded the pocket-book which Defendant refused to give back. Plaintiff left the pocket-book with Defendant for Defendant to find the rightful owner and to advertise so that the owner might be found. Plaintiff made three demands for return of the pocket-book from Defendant, who denied that he possessed the pocket-book until the last. The parties agreed that the pocket-book was placed on the counter by a customer of Defendant’s barber shop and was accidentally left there, that Plaintiff fist saw the pocket-book and picked it up, and that the rightful owner was not found. Plaintiff sued for the return of the money found in the pocket-book. The lower court ruled for Defendant and Plaintiff appealed.
- 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.