SmartBrief
Confirm favorite deletion?
Consumer Law Keyed to Whaley, 9th Ed.
Miller v. McCalla, Raymer, Padrick, Cobb, Nichols & Clark, L.L.C.
Citation:
214 F.3d 872 (2000)Facts
Kevin Miller purchased a house in Atlanta in 1992 and took out a mortgage to finance the purchase. He lived in the house as his personal residence until 1995, when he accepted employment in Chicago and began renting the property to tenants. In 1997, Miller received a debt collection letter from the defendant law firms acting on behalf of the mortgagee. The letter stated that the unpaid principal balance was $178,844.65 but explicitly noted this amount did not include accrued interest, late charges, escrow advances, or other authorized charges. The letter instructed Miller to call an 800 number to obtain complete reinstatement and payoff figures, as the amount changed daily.
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.