Torts Keyed to Dobbs
Summers v. Tice
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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 and Defendants went on a hunting trip. Plaintiff provided each Defendant with directions on how to safely fire their weapons. While attempting to shoot their target, both Defendants fired in Plaintiff’s direction. Plaintiff suffered injuries to his right eye and face. Plaintiff sued both Defendants in a negligence action. The trial court entered a judgment in Plaintiff’s favor. On appeal, the court affirmed, because it determined that Defendants failed to meet their burden of proving who was responsible for Plaintiff’s injury, therefore, because each acted negligently, each was responsible to Plaintiff for damages from the injuries he sustained. The court reasoned further that it was Defendants’ burden to offer proof as to the apportionment of damages. Because they failed to meet that burden, it was in the discretion of the trier of fact to apportion the damages.
- 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.