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Torts Keyed to Dobbs
Pusey v. Bator
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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:
In April 1987, Wilson, on behalf of Grief Brothers, entered into a contract with Youngstown Security Patrol (YSP) to supply a uniformed security guard to deter theft and vandalism on Grief Brothers’ property at night. Wilson told YSP that he wanted the guard to periodically check the parking lot and inside the building, but did not provide any further instructions, nor discuss whether the guard should be armed. Bator was the guard assigned to the property. He was not certified to carry a gun but he kept one in his briefcase. At 1:00 a.m. on August 12, 1991, Bator looked through a window in the guard office and saw two men. Bator first went outside without the gun, but when the men were first evasive then became angry and called Bator a “mother fucker” Bator then went in and got the gun. When he revealed it to the men, Pusey made a quick movement. Bator thought he was reaching for a gun and Bator fired, striking Pusey in the back of his head. Pusey died from the wound.
- 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.
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- 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.