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Contracts Keyed to Fuller
Nursing Care Services, Inc. v. Dobos
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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:
Dobos (Defendant) was admitted to Boca Raton Community Hospital with an abdominal aneurysm. Defendant's doctor ordered around-the-clock nursing care and transferred Defendant to the care of Nursing Care Services, Inc. (Plaintiff). Plaintiff provided two weeks of in-hospital care, two days of post-release care, and two weeks of in-home care, for which Defendant was later billed $3,723.90. Defendant refused to pay for Plaintiff’s services, arguing that she never signed a written contract or orally agreed to do so. After a bench trial, Plaintiff was awarded $248 for the two days of post-release care that Defendant or her daughter had authorized. No other compensation was awarded, because Defendant was not sufficiently informed that she would be responsible for paying for those services. Plaintiff appealed that portion of the judgment.
- 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.