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Torts Keyed to Dobbs
Wakulich v. Mraz
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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.
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- 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:
Michael and Brian Mraz, 21 and 18 years old, provided a quart of Goldschlager alcohol to 16-year-old Elizabeth Wakulich and offered her money as a prize if she could drink the entire bottle without losing consciousness or vomiting. After drinking the entire bottle, Elizabeth lost consciousness. According to the complaint, the boys put her in the downstairs family room where they observed her vomiting profusely and making gurgling sounds. They later checked on her and removed her vomit-soaked blouse and put a pillow under her head to prevent aspiration. They did not seek medical attention and prevented others from calling 911 or seeking medical attention. Later their father ordered she be removed from the home, so they took her to a friend’s home then to the hospital where she was pronounced dead. The complaint was dismissed on the ground that Illinois case law eliminated liability of social hosts for providing alcohol. Plaintiff, however, appealed on the ground that the complaint stated sufficient facts to establish a cause of action based on defendants’ failure to exercise due care after voluntarily undertaking to care for plaintiff’s decedent after she became unconscious. The court of appeals agreed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.