Criminal Law Keyed to Dressler
Herskovits v. Group Health Cooperative
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- 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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- Brief Facts: A Synopsis of the Facts of the case.
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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:
For the purposes of this case, the court assumed that Defendant failed to diagnose Plaintiff’s cancer, and proximately caused a 14% reduction in his chance of survival. Before the alleged negligence, Plaintiff’s chance of survival was less than 50%. The trial court found that Defendant was not liable for Plaintiff’s 14% reduction in his chance for survival, because prior to the incident, Plaintiff had less than a 50% chance of survival. The trial court granted Defendant’s Motion for Summary Judgment. Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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