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Evidence Keyed to Best
Wesp v. Everson
Citation:33 P.3d 191 (2001).
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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:
Criminal charges for alleged sexual abuse committed by Frank Brewer were being brought against him, during which he sought the counsel of Prendergast. Frank and Prendergast met several times one-on-one, but also included Cheryl Brewer in regular joint meetings. Both Brewers eventually committed suicide. In her suicide note, Cheryl stated Prendergast had advised Frank to accept a plea deal in the criminal charges, as it would be difficult to disprove the sexual abuse.
Following the Brewers’ deaths, Wesp brought a civil suit against both decedents‘ estates, and attempted to depose Prendergast. Prendergast refused to answer questions, citing the attorney-client privilege in his communication with Frank.
- 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.