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Torts Keyed to Dobbs
Hughes v. Lord Advocate
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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:
Post Office employees were working on an underground telephone cable in Edinburgh, Scotland. At 5:00 they took a tea break, leaving unguarded an open manhole, covered with a tent and surrounded by kerosene lanterns. Two boys, 8 and 10 years old, found the site, descended in the hole then came back up without mishap. But once back on top, they knocked or dropped a lantern into the hole. The accepted reconstruction of what happened was that the lantern broke and some of the kerosene vaporized. This gaseous form of kerosene came into contact with the lantern’s flame and created a large explosion, causing Hughes, the 8 year old, to fall into the manhole and suffer severe burns. He sued the Lord Advocate of Scotland as the representative of the Post Office. The courts of Scotland held in favor of Lord Advocate on the grounds that though burns were foreseeable, the vaporization of the kerosene and the explosion were not.
- 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.