Evidence keyed to Waltz
Simon v. Kennebunkport
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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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- 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:
On July 22, 1977, the Appellant, suffered a broken hip when she fell walking on a sidewalk. The Appellant sued the Appellee, claiming her injury was caused by a defect in the sidewalk. A jury determined there was no defect in the sidewalk and found for the Appellee. The trial judge excluded evidence offered by the Appellant that many other people had fallen or stumbled at the same location over the past two years prior to the accident. The trial judge permitted the Appellant to offer evidence that the condition of the sidewalk had not changed since its construction. The Appellant argued that two witnesses would have testified that they saw nearly one person a day fall on that sidewalk.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.