Confirm favorite deletion?
Civil Procedure Keyed to Hazard
Simblest v. Maynard
Facts
Simblest (Plaintiff) was a New Hampshire citizen on a business trip in Burlington, Vermont on November 9, 1965. Maynard (Defendant) was a resident of Vermont and a full time fireman for the Burlington, Vermont Fire Department at the time of the accident at issue in this case. On the evening of November 9, Plaintiff was approaching the intersection of Main Street and South Willard Street in Burlington. According to his testimony, Plaintiff approached the intersection where a green light was in his favor. Approximately halfway through crossing the intersection, Plaintiff claims the power to the traffic signal went out. While he was passing through the intersection, a fire engine driven by Defendant with its sirens on hit Plaintiff. Defendant and other witnesses claim that the power to the traffic signal had been out for ten to fifteen minutes before Plaintiff entered the intersection. Plaintiff sued Defendant. At trial, Defendant made motions for a directed verdict both at the conclusion of Plaintiff’s case in chief as well as at the conclusion of the presentation of evidence. Both were denied. The jury returned a verdict in favor of Plaintiff. Defendant made a motion for a judgment notwithstanding the verdict, which was granted by the trial court, setting aside the verdict. Plaintiff appealed.
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.