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Torts Keyed to Dobbs
Thoma v. Cracker Barrel Old Country Store
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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.
- 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:
Appellant claimed to have suffered a back injury when she fell in a Cracker Barrel Restaurant in September, 1990. After eating breakfast, Thoma was walking away from her table when her left foot slid out from under her. She fell in the middle of a common aisle, near the passage from the kitchen to the restaurant. When Thoma got up, she noticed that area in which she fell was wet, covered in a small puddle of clear liquid. She contends the liquid was what caused her fall. Thoma was in the restaurant about thirty minutes prior to her accident, and during that time, she did not see anyone spill any liquid on the floor where she fell. She alleged that Cracker Barrel was negligent in failing to maintain the floor in that particular area of the restaurant.
- 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.