Contracts Keyed to Farnsworth
Webb v. McGowin
ProfessorMelissa A. Hale
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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:
Webb (P), acting within the scope of his employment, was engaged in clearing the upper floor of a mill. P was in the act of dropping a 75-pound block to the ground below when he saw McGowin directly underneath the block. If P had dropped the block, McGowin would have suffered serious bodily harm or death. P could have remained safe on the upper floor of the mill by dropping the block. However, the only way to prevent the block from hitting McGowin was for P to fall with the block and divert its direction. P fell with the block and diverted its direction in such a way the McGowin was not injured. In doing so, P suffered seriously bodily injuries. P was badly crippled for life and unable to do physical or mental labor. McGowin promised to pay P $15 every two weeks for the rest of P’s life. McGowin followed through with the payments until his death eight years later. After McGowin’s death the payments stopped. P sued McGowin’s estate (D). D obtained a nonsuit. P appealed.
- 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.
12m 9s