Torts Keyed to Dobbs
Brown v. Kendall
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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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- 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:
Kendall (Defendant) was attempting to separate two fighting dogs, using a four-foot stick to beat them. He was raising the stick over his shoulder when he accidentally hit Plaintiff in the eye. At trial, Defendant requested that the judge give the jury an instruction stating that if Defendant was exercising ordinary care and Plaintiff was not, the latter could not recover. The judge declined, instead charging the jury that if Defendant’s actions were necessary or duty bound and he was exercising reasonable care, then he was not liable. The jury found for plaintiff.
- 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.
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