Torts Keyed to Dobbs
McIntyre v. Balentine
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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:
The Plaintiff and Defendant were involved in a motor vehicle accident, with severe injuries resulting to Plaintiff. As Defendant traveled south on Highway 69 in Savannah, Tennessee, Plaintiff pulled out of a truck stop. Shortly thereafter, Plaintiff’s truck struck Defendant’s tractor. Both men had consumed alcohol the evening of the accident. Plaintiff’s blood alcohol content was measured at .17 and testimony suggested that Defendant was speeding. Plaintiff brought a negligence action against Defendant and the lessee of the truck. Defendant answered that Plaintiff was contributorially negligent, in part due to operating his vehicle while intoxicated. The jury found the Plaintiff and Defendant equally at fault, therefore, they ruled in favor of the Defendant. Plaintiff appealed, alleging the trial court erred by refusing to instruct the jury regarding the doctrine of comparative negligence. The Court of Appeals affirmed.
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- Holding: Shares the Court's answer to the legal questions raised in the issue.
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- 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.
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