BRIEFING A CASE EXAMPLE Student Name: Class: Case Number: PATTERSON V. McLean Credit Union 491 U.S. 164 (1989) FACTS: Patterson‚ a black female‚ worked for the McLean Credit Union as a teller and file coordinator for ten years. Patterson alleges that when she was first interviewed for her job‚ the supervisor‚ who later became the president of McLean Credit Union‚ told her that she would be working with all white women and they probably would not like working with her because she
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MARYLAND v. GARRISON 480 U.S. 79 (1987) FACTS: The Baltimore City Police department obtained a warrant to search the home of Lawrence McWebb located “third floor of 2036 Park Avenue” for controlled substances and related paraphernalia. The police believed that there was only one apartment on the third floor‚ which in fact there were actually 2; one belonging to Garrison (defendant) and McWebb‚ the person listed on the warrant. Upon entering and searching the apartment‚ officers found drugs and
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S.H.A.R.K. v. Metro Parks Serving Summit County United States Court of Appeals‚ Ninth Judicial District 499 F3d 553 (2009) MOORE‚ Presiding Judge Rule of Law: The Privacy Protection Act (PPA) and the First Amendment rights were brought into question by the Plaintiffs. The judges ruled out the violation of the First Amendment rights and focused on the Privacy Protection Act as the main claimed offense. FACTS: Steve Hindi is the founder of S.H.A.R.K‚ a non-profit corporation that exposes
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Mazzagati v. Everingham‚ 512 Pa. 266 (1986). Facts: An automobile driven by Defendant fatally struck Plaintiff’s daughter. At the time of the accident‚ Plaintiff received a telephone call immediately after the collision at work informing her that her daughter had been involved in an automobile accident. Plaintiff arrived at the scene of the accident a few minutes later. Procedural Posture: Defendants filed a Motion for Summary Judgment in the nature of a Demurrer granted by the Montgomery County
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negligence claim with this case failed on the reason that the Touche(defendant) owed no duty of care to Ultramares (plaintiff) because Ultramares was not a primary beneficiary of Touche’s professional audit. The court found that Touche was guilty of ordinary negligence but not fraud. Over the years the rule of Ultramares has been expanded in some cases to the point that the gross negligence noted in Ultramares case has been eliminated. Ultramares Corp. v Touche is the leading case regarding the application
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Republic of Austria v. Altmann 124 S.Ct. 2240 FACTS: In 1998 it evidence was discovered that certain works in the Austrian Gallery archives in Vienna‚ Austria had not been obtained from their rightful owners. These works were believed to have been seized by the Nazis or expropriated by the Austrian Republic after World War II. Prior to the Nazi invasion of Austria in 1938‚ the paintings had hung in the Vienna home of Maria Altmann’s uncle‚ Ferdinand Bloch-Bauer. Mrs. Altmann claims ownership
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What is a Case Brief? A case brief is a condensed‚ concise outline-form summary of a court opinion. Hence‚ the term “brief.” It is generally used for more efficient self-study (it’s easier and more simple than re-reading a 100-page long case every time you want to refresh your memory about the case). It is also used to present the case to others (it’s easier and more simple than reading a 100-page long case verbatim). In other words‚ a case brief boils down a court opinion to the key elements
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Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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Maryland v. Shatzer‚ 559 U.S. 98 (2010) FACTS: In August of 2003 Detective Shane Blankenship‚ a social worker‚ was assigned to investigate and interview Michael Shatzer about claims that Shatzer had sexually abused his three year old son. At the time of the investigation Shatzer was incarcerated at Maryland Correctional Institution-Hagerstown for an unrelated child-sexual abuse offense. Before asking Shatzer any questions‚ Detective Blankenship informed Shatzer of his rights‚ Shatzer then obtained
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The Private Movie Co.‚ Inc. v. Pamela Lee Anderson et al. 1. What are the facts? The Private Movie Company (Efraim) sued Pamela Lee Anderson for $4.6 million for walking away from oral and written contracts. The defendant (Anderson) claims to have agreed to the contracts on the stipulation that the script would be revised concerning nudity and simulated sex scenes‚ and upon reading the final script and seeing simulated sex scenes still included‚ walked out. 2. What is the legal issue? The
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