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Torts Keyed to Dobbs
Fruit v. Schreiner
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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:
The Appellant was required to attend a sales convention conducted by his employer, Appellee #2. The Appellant drove his own car, but was reimbursed for expenses. The Appellant was encouraged to mix freely with out-of-state insurance experts in social as well as business events. On the second evening of the convention Appellant drove to a bar and restaurant to look for out-of-state colleagues. He found none and drove back to the convention center. On his way, he skidded across a highway and struck a disabled vehicle owned by Appellee #1. Appellee #1 was standing in front of his vehicle and his legs were crushed. He brought a personal injury claim against both the Appellant and Appellee #2. The jury found that Appellant was an employee acting within the scope of his employment and that Appellee #2 should be liable under the doctrine of respondeat superior.
- 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.