Torts Keyed to Epstein
McGuire v. Almy
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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 a registered nurse. Defendant was an insane person. Before Plaintiff was hired to care for Defendant, she learned that Defendant had a mental disorder, but was in good physical health. During the period of fourteen months, while Plaintiff cared for Defendant, Defendant had a few odd spells when she showed hostility towards Plaintiff. Defendant, while locked in her room, had a violent attack during which she broke furniture and warned Plaintiff not to enter Defendant’s room or she would be killed. Plaintiff decided that it would be better to remove the broken items before Defendant did any more harm to herself. Plaintiff approached Defendant, who was positioned with the leg of a low-boy raised above her head, ready to strike. Plaintiff tried to grab Defendant’s hand and Defendant struck Plaintiff, causing injuries for which the action was brought. The jury returned a verdict in favor of Plaintiff. 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.
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