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Torts Keyed to Epstein
Marsalis v. LaSalle
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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 was bitten or scratched by Defendant minor son’s Siamese cat. Plaintiff requested that Defendant keep the cat under observation for fourteen days until it could be determined whether the animal was rabid. Defendant agreed to do so. If the cat were allowed to wander around the neighborhood, Plaintiff would never know if she had rabies without undergoing traumatic tests. Four or five days later, the cat escaped when Defendant and some of her friends were exiting the basement. The cat was gone for about a month and its whereabouts were unknown. Upon returning home the animal gave no evidence of ever being infected. In the meantime, Plaintiff had undergone extensive treatment, including several injections. Plaintiff sued for personal injuries, seeking reimbursement of the cost of medical treatment. Plaintiff received judgment. Defendant appealed.
- 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.