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Torts Keyed to Epstein
Coblyn v. Kennedy’s Inc
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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, a 70-year-old man, was shopping in Defendant store. Plaintiff wore an ascot he had previously purchased in another department store. While trying on a sports coat, Plaintiff took off his ascot and put it in his pocket. Plaintiff purchased the sports coat. As Plaintiff was leaving the store, he took his ascot out of his pocket and put it on again. Goss, an employee of Defendant, “loomed up” in front of Plaintiff and demanded that he stop and explain where he had gotten the ascot. Approximately eight to ten people were watching as Plaintiff agreed to return with Goss to the store. On the way up the stairs, Plaintiff experienced chest and back pains and had to stop several times. When they reached the second floor, the salesman who had sold Plaintiff the sports coat told Goss that the ascot was indeed Plaintiff’s. Plaintiff was so upset by the incident that he required the store nurse’s attention. Plaintiff was subsequently hospitalized and treated for myocardial infra ct. The jury awarded Plaintiff $12,500 for false imprisonment. 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.