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Torts Keyed to Dobbs
Medcalf v. Washington Heights Condo. Ass’n
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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 became the victim of a violent assault as she waited in the lobby of Defendants’ apartment building. Her hosts struggled to admit her by using an electronic buzzer that did not work, while Plaintiff was assaulted. The jury indicated in interrogatories that the verdict for Plaintiff was based entirely on a finding that Defendants were negligent in failing to maintain the building telephone security intercom communication system to protect Plaintiff and others. The court held that the trial court should have entered judgment for Defendants as a matter of law, because Plaintiff failed to establish an essential element of negligence, proximate cause. The intervening criminal act of the assailant was not within the scope of risk created by Defendants’ lack of maintenance, because the primary reason buildings have buzzer systems is to protect residents, not guests.
- 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.