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Civil Procedure Keyed to Erichson
Ornelas v. City of Manchester
Citation:
2017 WL 2423512 (D.N.H. June 5, 2017)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.
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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:
Ornelas (Plaintiff) was admitted to Elliott Hospital following a car accident. Due to his unstable behavior, he was admitted to the psychiatric hospital, and had an altercation with a hospital security guard. He was then taken to the police station by officers employed by the City of Manchester (Defendant), and was restrained and struck by officers at the jail. Ornelas filed a lawsuit against the defendants, including Elliot Hospital. The hospital filed a motion to dismiss, alleging that the medical injury claim against it was barred by New Hampshire’s three-year statute of limitations on personal actions. Ornelas argued that the claim was permissible because it related back to his original pleading.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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