SmartBrief
0
Confirm favorite deletion?
Civil Procedure Keyed to Field
Harris v. Balk
Citation:
198 U.S. 215 (1905).Facts
Harris (Plaintiff) borrowed $180 from Balk (Defendant). In that same year, Jacob Epstein, a Maryland resident, was owed money by Balk. Harris visited Maryland, and while he was in the state, Epstein had issued a writ of attachment against Balk, which attached the debt Harris owed Balk. This writ was served upon Harris. Harris complied with that court order and paid the $180 to Epstein. Balk then commenced an action against Harris for the $180 in North Carolina. Harris sought to have the Maryland judgment and his payment to Epstein of the debt to be validated in the North Carolina court, but the court refused.
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
Topic Videos 
8m 20s
18m 35s