Health Law Keyed to Furrow
Baxter v. Montana
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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.
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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:
Robert Baxter (Plaintiff) was a retired truck driver who was diagnosed as terminally ill with lymphocytic leukemia. Baxter (Plaintiff) sought to end his life by self-administering and ingesting a legal dose of medication his doctor would prescribe. Baxter (Plaintiff) and his doctors (Plaintiff) brought suit against the State (Defendant) to protect the doctors from criminal prosecution for assisting in the proposed suicide. The district court held that under the Montana Constitution, a competent, terminally ill patient has a right to die with dignity and that includes protecting the patient's doctor from prosecution under the state's homicide statutes. The district court concluded that state's homicide laws were unconstitutional as applied to a doctor who provides assistance to a competent, terminally ill patient in dying. Defendant appealed.
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