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Civil Procedure Keyed to Spencer
Dadurian v. Underwriters at Lloyd’s, London
Citation:787 F.2d 756 (1st Cir. 1986)
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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 claims he purchased 12 pieces of jewelry for investment purposes. Plaintiff took out an insurance policy with Defendant to cover the jewelry, claiming that he paid for the jewelry in cash and thus had no records showing it had ever been in his possession. Plaintiff claimed that armed robbers entered his home and stole the jewelry, so Plaintiff approached Defendant to recover his loss. Defendant refused, claiming that Plaintiff had made two false statements under oath: 1) That Plaintiff purchased and owned the jewelry, and 2) That the cash used to purchase the jewelry came partially from bank loans. Plaintiff filed suit against Defendant and the jury issued a verdict in favor of Plaintiff. Defendant filed a motion for a new trial, which was denied by the District Court.
- 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.