SmartBrief
Confirm favorite deletion?
Civil Procedure Keyed to Field
Burlington Transportation Co. v. Josephson
Citation:
153 F.2d 372 (8th Cir. 1946)Facts
Dr. Josephson, a New York physician with a specialized practice, was traveling through Rapid City, South Dakota, when he became involved in a controversy while boarding a Burlington Transportation Company bus. Defendant Spargur, the company’s superintendent, went to the police station and requested that plaintiff be removed from the bus. At the police station, Spargur signed but did not swear to a complaint charging plaintiff with disturbing the peace in violation of a city ordinance. The complaint did not contain plaintiff’s name, and no warrant was issued. Police officers Jensen and McCoy proceeded to the bus with only the complaint, arrested plaintiff without a warrant while he was seated on the bus, and took him to the police station where he was detained for approximately two and one-half hours before being released on bail. Plaintiff was later discharged at trial. The undisputed evidence showed that no offense was committed in the presence of the officers and that the arrest was made without a warrant.
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.