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Torts Keyed to Dobbs
Gleason v. Guzman
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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 was struck on the head by a vending machine that fell from a truck when she was a minor. She sued Defendants, a truck driver and his employer, seeking to recover for personal injuries. Defendants offered as an affirmative defense a release, executed by Plaintiff’s guardian, and moved for summary judgment. It was later determined, approximately four years after the accident when the minor had been emancipated, that the severity of her injuries was greater than was known at the time of settlement. She began having epileptic seizures, and retained counsel and filed for rescission of the original judgment. The trial court found for Defendants. Plaintiff appealed, contending that summary judgment was improper because the minor’s guardian was mistaken concerning the true nature of the minor’s injuries; there thus remained a genuine material issue of fact.
- 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.