Civil Procedure Keyed to Friedenthal
Scott, an Infant, by his Next Friend v. Sheperd, an Infant, by Guardian
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- 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.
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- 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:
Sheperd, Defendant, threw a lighted squib (firecracker) into a marketplace. It landed on a salesman’s stand. One Willis picked it up and tossed it towards Ryal’s stand to prevent harm to his goods. Ryal picked up the squib and tossed it. The squib exploded in front of Scott’s (Plaintiff’s) face. Plaintiff lost an eye. Subsequently, Plaintiff sued Defendant for trespass and assault. The jury returned a verdict for Plaintiff of 100 pounds with Judge Nares presiding, subject to the opinion of the court en banc.
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