Torts Keyed to Dobbs
Turner v. Jordan
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- 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:
A psychiatric in-patient attacked and severely beat a nurse at the hospital where she worked. The nurse and her spouse filed suit against a psychiatrist, the patient’s attending physician, for medical negligence. Plaintiffs alleged that he violated his duty to use reasonable care in the treatment of his patient. The jury returned a verdict in favor of the nurse and her spouse, but the trial court, concluding the allocation of fault unjustified, granted the psychiatrist’s motion for a new trial. The Tennessee Supreme Court held, first, that the psychiatrist owed the nurse a duty of care and that he had breached that duty. The Court then addressed the issue of comparative negligence.
- 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.