Torts Keyed to Dobbs
Horizon/CMS Healthcare Corp. v. Auld
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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:
In August, 1994, 76 year-old Hary became a resident of Defendant’s nursing home. Over the period of one year, Auld, the administratrix of Hary’s estate, (Plaintiff) established that Hary had suffered a series of medical conditions exacerbated by the nursing home’s failure to properly administer care. These included Stage IV pressure sores and contractures in all extremities, requiring painful medical treatment. In August, 1995, Hary was taken from the nursing home and transferred to a hospital where she required ten days of treatment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.