Torts keyed to Best
Broadwell v. Holmes
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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:
Susan Holmes (Defendant) lost control of her car when she was driving. This car accident caused the death of her daughter, Mindy Broadwell, and serious injuries to her son, Justin Broadwell. Mindy was 8 years old and Justin was 6 years old. Mark Broadwell (Plaintiff), as next friend of children, sued Holmes for negligence. After the trial court dismissed Plaintiff’s complaint for failing to state a claim upon which relief can be granted, Plaintiff appealed. The court of appeals subsequently affirmed. Plaintiff was granted permission to appeal by the Tennessee Supreme Court, which wanted to re-examine the state’s parental immunity doctrine.
- 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.