Confirm favorite deletion?
Torts Keyed to Dobbs
Smith v. Whitaker
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Defendant, driving an oil truck, was unable to stop at an intersection because of improperly adjusted brakes. He collided with sixty year-old widow, Helen Robbins (Robbins), landing atop her vehicle. Robbins was killed in the accident. Smith (Plaintiff), the executor of Robbins’ estate, brought two causes of action pursuant to statutes governing 1) wrongful death; and 2) the rights of representatives of a decedent’s estate to pursue recovery. The trial court dismissed the claim for pain and suffering in the second claim pursuant to New Jersey’s Survival Act, N.J.S.A. 2A:15-3, because Robbins was unconscious following the collision. The jury awarded Plaintiff damages in the wrongful death action, and the trial court permitted evidence for a determination of punitive damages, which were subsequently awarded for $1.25 million. The Appellate Division affirmed.
- 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.