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Civil Procedure Keyed to Spencer
Hess v. Pawloski
Citation:274 U.S. 352 (1927)
ProfessorBrittany L. Raposa
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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:
Hess (plaintiff) was a resident of Pennsylvania, but was driving on a Massachusetts highway. He was involved in a motor vehicle accident, allegedly because of his negligent driving, which caused injury to the defendant (Pawloski). At the time, there was a statute in Massachusetts which stated that any nonresident who drives on a Massachusetts public highway implicitly consents to have the registrar act as his attorney in any case involving an accident. The law stated that service of process on the registrar was sufficient, as long as the defendant was mailed a copy of the notice. Pawloski sued Hess for personal injury and, in accordance with the state law, Pawloski filed service of process with the registrar. Hess filed suit, arguing that his due process rights were violated since no personal service was made to him.
- 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.