SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.
SmartBrief
0
Confirm favorite deletion?
Cancel
Yes, Delete
Professional Responsibility Keyed to Martyn
Bayview Loan Servicing, LLC v. Law Firm of Richard M. Squire & Associates, LLC
Citation:
2010 WL 5122003 (E.D. Penn.)Facts
Bayview (Plaintiff) filed a legal malpractice action against the Squire Firm (Defendant), alleging that the firm breached its fiduciary duty by missing a key filing deadline in a foreclosure action. According to Bayview’s complaint, the defendants represented them in a foreclosure action, and they failed to file a petition to fix the fair value of the relevant property within six months of the foreclosure sale, which is required by statute to pursue a deficiency judgment, and as a result they lost any right to pursue the deficiency they were owed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.