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Torts Keyed to Dobbs
Newmark v. Gimbel’s, Inc
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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 went to a beauty shop owned by Defendant where she had an appointment and, on the recommendation of her usual stylist underwent a permanent. One more than one occasion, she had felt a burning sensation on her scalp. Subsequently, she developed blistering on her forehead and her hair fell out. It was later determined by a dermatologist that she had contacted dermatitis caused by the permanent solution. Plaintiff, along with her husband, brought an action alleging negligence and breach of express and implied warranties. The trial court dismissed the warranty theories of liability stating that Defendant was providing a service. A jury returned a verdict for Defendant on the negligence claim. The appellate court reversed, holding that an existing factual issue required a jury to decide whether there was an implied warranty of fitness for the lotion applied to Plaintiff’s hair and scalp.
- 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.