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Civil Procedure Keyed to Cross
Grant v. McAuliffe
Citation:41 Cal.2d 859, 264 P.2d 944 (1953)
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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.
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- 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:
W. R. Grant, R. M. Manchester, and D. O. Jensen (Plaintiffs) were driving west on the highway in Arizona when they collided with W. W. Pullen. Plaintiffs all sustained injuries and Pullen died. All were residents of California. Plaintiffs sued McAuliffe (Defendant), Pullen’s administrator, in California for Pullen’s negligent driving, seeking to recover damages for their injuries. Defendant filed a motion to abate, arguing that the survival cause of action is a substantive matter governed by Arizona law, which does not recognize survival causes of actions.
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.