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Health Law Keyed to Furrow
Shorter v. Drury
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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.
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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:
Shorter's (Plaintiff) decedent carried a fetus that had died but not miscarried, and had to be surgically removed. The decedent was a Jehovah's Witness and on religious grounds she opposed blood transfusions and made it clear she did not want one. She signed a standard refusal to permit a transfusion, which included a clause releasing the providers of responsibility for consequences that could result. The decedent began to bleed internally during the procedure. She continued to refuse a transfusion and as a result, she bled to death. Plaintiff sued for malpractice. The jury held the surgeon, Drury (Defendant), negligent. The jury found 75 percent of the damages resulted from the decedent's refusal of a blood transfusion and awarded a net amount of $103,000.00, 25 percent of the gross verdict of $412,000.00. Plaintiff appealed.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.