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Torts Keyed to Dobbs
Graci v. Damon
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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 Gerald Graci owned a dry cleaning shop in a shopping mall. When work was being done to air conditioning and electrical fixtures, the contractors required access to a large, 8 x 8 foot box where the fixtures were located. The box was locked, and the contractors frequently borrowed the keys from Graci. Despite repeated warnings to keep the box locked, the contractors failed to do so. Graci had been concerned with possible injuries to children as a result of the box being left open. In response, Graci nailed the structure shut, and on one occasion, he slipped, whereby his hammer came in contact with electrical wires and he was severely burned. He brought suit against the shopping center and the contractors, claiming negligence, and a jury found in his favor apportioning liability among the Defendants.
- 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.