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Torts Keyed to Dobbs
O’Banner v. McDonald’s Corp
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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 slipped and fell at a McDonald’s restaurant and brought a personal injury action against the company, and unknown others”, seeking damages. Defendant moved for summary judgment, maintaining that the restaurant was actually owned by a franchisee, thus, it neither owned, operated, maintained, or controlled the restaurant. Accepting that argument, the Circuit Court for Cook County, Illinois entered summary judgment on behalf of Defendant. Plaintiff appealed, arguing 1) that McDonald’s should be liable as the franchisee served as McDonald’s actual agent; or 2) the corporation’s vicarious liability under the doctrine of apparent agency. The appellate court rejected the first argument, but concluded that there were issues of material fact with respect to the second. The appellate court reversed and remanded. The issue came before the Supreme Court of Illinois.
- 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.