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Professional Responsibility Keyed to Sahl
Messing, Rudavsky & Weliky, P.C. v. President and Fellows of Harvard College
Citation:764 N.E.2d 825 (Mass. 2002)
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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.
- 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:
Messing, Rudavsky & Weliky, P.C. (Plaintiff) filed an employment discrimination lawsuit against Harvard College (Defendant) on behalf of a member of the University Police Department. Plaintiff communicated ex parte with five other employees of Harvard’s police department after initiating the suit, in the course of investigating their case. None of the five employees were claimed to be involved in the alleged discrimination or having exercised management authority regarding the alleged discriminatory acts. The trial court sanctioned Plaintiff for violating a Massachusetts rule that prohibits an attorney from speaking ex parte to employees of an organization when it is an adversary litigant.
- 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.