Evidence keyed to Fisher
Dallas County v. Commercial Union Assurance Co
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
The clock tower at the Dallas County Courthouse in Alabama fell into the courtroom one Sunday morning in 1957; because it was a Sunday, nobody was hurt, but the courthouse nonetheless suffered over $100,000.00 in damages from the tower’s collapse. Appellee was the insurer of the courthouse, and a disagreement arose concerning the cause of the accident and the corresponding liability of Appellee. At trial, Appellant called the State Toxicologist, who testified that lightning had previously struck the courthouse, and that the lightning strike was the cause of the collapse. Supporting that theory, residents of the town testified that lighting had struck the courthouse five days earlier. Appellee, however, concluded that the courthouse collapsed of its own weight, and disputed that the courthouse had been struck by lightning. Instead, Appellee contended that lightning could not have possibly collapsed the tower, and that instead it was structural weaknesses that were the result of faulty design and poor construction that were responsible. Appellee also asserted that a fire had to have occurred long before the date Appellant cites as the day of the lightning strike. Appellee introduced, at trial, a copy of the Morning Times of Selma newspaper from June 9, 1901; in it, there was an article stating that a fire occurred during the courthouse’s construction in 1901 and that this construction-phase fire had caused damage to the clock tower, resulting in its collapse 56 years later.
- 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.