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Torts Keyed to Dobbs
Wait v. Travelers Indemnity Co. of Illinois
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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:
Kristina Wait (P) worked for the American Cancer Society as Director of Health Initiative and Strategic Planning. She worked out of a bedroom in her home, which she had converted into an office and furnished as such with the full concurrence and support of the ACS. Her supervisor and co-workers attended ACS meetings at her home. On September 3, 2004, she was working from home. At around noontime, while preparing lunch, she was attacked by a neighbor, Nathaniel Sawyers, whom she let in when he rang the bell. She was left with head injury, broken bones and permanent nerve damage. She tried to collect worker’s compensation insurance since she had been working at home during the time of her attack. The trial court gave summary judgment for the defendant, Travelers Indemnity Co. of Illinois (D), because it was of the view that the injury did not arise out of her work with ACS. Wait appealed the decision
- 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.