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Torts Keyed to Dobbs
Virginia Electric & Power Co. v. Cogbill
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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:
At the time of her injury, the employee, Sarah Cogbill, was working at a public auction of Virginia Electric & Power Company’s surplus vehicles. This was a deviation from her usual job, during which she worked at a desk and sat in a swivel chair, enjoying free movement. During the auction, she sat in a straight-backed, hardwood chair placed on the bed of a truck. Over the course of more than three hours, she carried a clipboard on her lap and recorded auction bids. During the auction, she claimed, her back began to trouble her. When the trouble persisted, she saw a doctor who diagnosed the problem as a lumbar strain, the result of her posture during the auction. The record indicated that Claimant had previous trouble with her back, and had missed work as a result. She filed a claim and the hearing commissioner awarded compensation. Virginia Electric & Power Company requested a full commission review and the commission affirmed the original decision.
- 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.