Evidence keyed to Waltz
Cleghorn v. New York Central & H. River Ry. Co
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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:
The plaintiff is suing the defendant railroad company to recover damages. The plaintiff suffered injuries when the defendant’s employee, a switchman, neglected to close a switch which gave a false signal to the approaching train that everything was alright. As a result, the two trains collided and the plaintiff suffered severe injuries. Evidence showed that defendant’s employee was intoxicated at the time of the accident and was known for his “intemperate behavior” (excessive drinking). This information was known by the defendant company who had the power to hire and fire the employee. The first court ruled that the jury could hear an instruction that they were at liberty to award plaintiff full compensation and add exemplary damages depending on the conduct of the defendant. The defendant appeals.
- 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.