SmartBrief
0
Confirm favorite deletion?
Civil Procedure Keyed to Erichson
Connecticut v. Doehr
Citation:
501 U.S. 1 (1991)Facts
John F. DiGiovanni (Defendant) submitted an application for an attachment of $75,000 on Brian K. Doehr’s (Plaintiff) home, in conjunction with bringing a civil action against Doehr for assault and battery. The lawsuit did not involve Doehr’s property. A Connecticut statute permitted attachment of real estate prior to winning a judgment against the individual whose property is subject to attachment, without affording prior notice or the opportunity for a hearing to that individual. The Connecticut Superior Court found probable cause based on DiGiovanni’s five-sentence affidavit and ordered the attachment on Doehr’s home, which Doehr learned about when the sheriff attached the property four days later. Doehr filed suit against DiGiovanni in federal district court, claiming that the Connecticut statute allowing for prejudgment attachment without prior notice was unconstitutional under the Due Process Clause of the Fourteenth Amendment.
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.
Topic Resources
8m 20sTopic Outline 