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Civil Procedure Keyed to Glannon
King v. Blanton
Citation:
735 S.E.2d 451 (N.C. App. 2012)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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.
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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:
King and Blanton were involved in a car accident. Blanton sued King in a prior negligence action. The prior action was settled; Blanton dismissed her claims in that action in exchange for a cash settlement. The parties agreed that no counterclaims were filed in the earlier action by King. King subsequently filed this action, now seeking to recover from Blanton for Blanton’s alleged negligence in causing the car accident. Blanton alleged that King’s action should have been filed as a compulsory counterclaim, and moved to dismiss. The court considered documents outside the pleadings on the motion to dismiss, which was treated as one for summary judgment. Blanton’s dismissal motion was granted and King’s complaint was dismissed, with prejudice. King appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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