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Civil Procedure Keyed to Spencer
Hanna v. Plumer
Citation:380 U.S. 460 (1965)
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- 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:
Hanna (Plaintiff) was involved in a car accident with Louise Plumer Osgood. The accident left Plaintiff seriously injured and Osgood deceased. Plaintiff believed that the accident was caused by Osgood’s negligence, and sued the executor of her estate, Plumer (Defendant). Plaintiff attempted to satisfy service of process requirements by leaving a copy of the summons with Defendant’s wife. According to Rule 4(d)(1) of the Federal Rules of Civil Procedure, this satisfied service of process requirements. However, according to Massachusetts General Laws (Ter. Ed.) Chapter 197, Section 9, service of process is not valid unless it is personally delivered to the Defendant.
- 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.