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Torts Keyed to Dobbs
Cullison v. Medley
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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 Cullison met 16-year-old Sandy Medley in a grocery store parking lot, invited her to have a soda with him and to come to his home to talk further. A few hours later he was awoken by a knock at his door. He was confronted by Sandy Medley, her father Ernest, her brother, brother-in-law, and mother. Ernest had a revolver in a holster strapped to his thigh. Sandy called him a “pervert” and her mother berated him. Ernest kept grabbing and shaking the gun while still in the holster and threatening to “jump astraddle” of him if he did not leave Sandy alone. Although no one ever touched Cullison, he feared he was about to be shot because Ernest kept grabbing the gun as if to draw it from the holster while threatening him. As a result of this incident, Cullison sought psychological help to deal with nervousness, depression, sleeplessness, inability to concentrate, and impotency. He sued the Medleys for assault, among other torts. The trial court granted summary judgment in favor of defendants on all claims, the appeals court affirmed, and the Indiana Supreme Court reversed on the assault count.
- 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.