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Torts Keyed to Dobbs
Sourbier v. State
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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 Appellee was injured in February 1989 when, in the scope of his employment, a vehicle struck his parked patrol car. His employer the Appellants, paid him worker’s compensation benefits. The Appellee brought an action against Robert and Betty Miller, the occupants of the vehicle that struck him, to recover for personal injuries. Pursuant to Iowa statute, the Appellants filed a lien against any recovery. The Appellee also filed a workers’ compensation claim with the Commissioner for additional benefits, a request the Commissioner granted. In connection with his personal claim, a jury awarded the officer damages. The Appellee then filed a declaratory judgment action against the Appellants to determine the Appellants’ right to his third-party award, which the district court did, reducing that award in lien to the State. The Appellee appealed on the ground that, while the State had a legitimate interest in much of the third-party judgment, it had no interest in that portion of the award compensating him for pain and suffering.
- 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.