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Civil Procedure Keyed to Friedenthal
Ingraham v. United States
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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.
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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:
The Texas Medical Liability and Improvement Act caps non-economic damages (i.e., pain and suffering) at $500,000 for medical malpractice. Plaintiff Ingraham was operated on by an Air Force surgeon and was injured. He sued the United States under the Federal Tort Claims Act and recovered $1.2 million, which was $364,000 in lost wages, and $900,000 for pain, suffering, and disability. The Bond family, additional Plaintiffs, sued the United States for an Air Force physician’s negligence. Jocelyn Bond was awarded $4 million for medical expenses and other losses, and David Bond was awarded $750,000 for loss of society. In both cases, after pleadings, trial, and judgment, the United States filed motions claiming that the damages were excessive because they were limited by the Texas Act. Both motions were denied.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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