Confirm favorite deletion?
Civil Procedure Keyed to Freer
Rector v. Approved Federal Savings Bank
Facts
Rector (Plaintiff) sued Approved Federal Savings Bank (Defendant) asserting various causes of action. The district court dismissed the case, but allowed Plaintiff to file an amended complaint. Defendant then filed a motion for sanctions under Fed.R.Civ.P. 11 (Rule 11) based on Plaintiff’s allegations in the amended complaint. The district court held in favor of Defendant and ordered Plaintiff to pay Defendant’s attorney’s fees. Plaintiff did not object to the motion on the basis of Defendant’s failure to comply with Rule 11’s 21-day safe harbor provision. The 21-day safe harbor provision normally requires a party moving for Rule 11 sanctions to notify the adverse party of its intent to move for sanctions before submitting the motion to the court, in order to provide the adverse party time to remedy its frivolous allegations.
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.