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Torts Keyed to Dobbs
Bennett v. Stanley
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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:
Kyleigh and Chance Bennett, 3 years old and 5 years old respectively, were playing at their neighbor Stanleys’ pool on March 20, 1997. The Stanleys did not properly maintain the pool, but had allowed it to fill with rainwater to a depth of over 6 feet. They had removed a tarp from the pool and fencing from two sides of the pool and it did not have any ladders. It became pond-like and contained tadpoles and frogs with slimy sides covered in algae. Chance fell into the pool and his mother apparently drowned trying to save him. When Rickey Bennett came home on the day of the drowning he found his two young daughters crying. Kyleigh told him that “Mommy and Chance are drowning in the water.” Bennett ran next door to find his wife and son unconscious in the swimming pool. Both died. Bennett sued the Stanleys in negligence. The trial granted the Stanleys’ motion for summary judgment, the appeals court affirmed, and the Ohio Supreme Court reversed and remanded.
- 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.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- 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.