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Torts Keyed to Dobbs
Licari v. Elliott
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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:
The Plaintiff, injured in a motor vehicle accident in February 1979, was diagnosed with a concussion, acute cervical sprain, acute dorsal lumbar sprain and a contusion of the chest and returned home later that day. Two days later he consulted with his physician and was admitted to the hospital for tests, which showed no damage. He was released and 24 days after the accident, he returned to his job as a taxi driver, resuming work with only minor limitations. The Plaintiff testified that he could not do various household chores and that he had occasional transitory headaches and dizzy spells which aspirin relieved. The Defendant then moved to dismiss, claiming the Plaintiff failed to establish that this injury met any of the threshold requirements of serious injury as defined by the Insurance Law. The court submitted the case to the jury on the theories that, in order to recover, the Plaintiff must have (1) suffered an injury which prevented him from performing all his daily act ivities for not less than 90 days during the 180 days immediately following the accident or (2) that as a result of the accident he sustained a significant limitation of use of a body function or system. The jury found for the Plaintiff. The Appellate Division reversed and dismissed the complaint, holding that the Plaintiff had failed, as a matter of law, to prove a serious injury under either definition.
- 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.