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Torts Keyed to Dobbs
Wassell v. Adams
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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:
Plaintiff traveled to an area just north of Chicago, Illinois to attend a graduation at the Great Lakes Naval Training Station. She was staying at a motel, owned by Defendants, when she was awakened late at night by a knock on the door. Outside was a man she didn’t know, who, after some confusion, asked for a glass of water. Plaintiff allowed the man inside the room, and he sexually assaulted her. Plaintiff managed to escape, but the rapist was never prosecuted. A suspect was apprehended, but Plaintiff was too upset to provide proper identification. Diagnosed with post-traumatic stress disorder, Plaintiff brought suit against the Defendants alleging negligence in their failure to warn her of the dangerous conditions of the neighborhood in which the motel was located. A jury found the Defendants to be negligent, and their negligence was the proximate cause of Plaintiff’s assault. However the jury also found that Plaintiff had been negligent as well, apportioning blame 97% to Pl aintiff, and 3% to Defendants. The court of appeals, in dicta, disagreed with the jury’s apportionment, but declined to reverse. It held that the issue of apportionment was one of fact and thus properly within the purview of the jury.
- 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.