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Civil Procedure Keyed to Hazard
Mullane v. Central Hanover Bank & Trust
Citation:339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865 (1950)
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.
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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:
Central Hanover Bank & Trust (Appellee) filed a petition to settle 113 accounts of a common trust fund in New York. Some of the beneficiaries were nonresidents of New York. Appellee served the beneficiaries through publication in a local newspaper, as required by New York Banking Law § 100-c(12). The guardian of the beneficiaries who did not respond to the notice (Appellant) argued that publication was insufficient notice because the beneficiaries had not been personally served.
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.