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Torts Keyed to Epstein
Mohr v. Williams
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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 brought suit against Defendant for assault and battery. Defendant, an excellent physician and ear specialist, examined Plaintiff’s right and left ear. Defendant informed Plaintiff of the result of his examination and advised her to have an operation on her right ear. Plaintiff was not informed that her left ear was in any way diseased. Plaintiff agreed to undergo surgery on her right ear. While Plaintiff was unconscious, when Defendant found Plaintiff’s left ear to be in a more serious condition than her right ear. Defendant also found the right ear to be less serious than expected. Defendant concluded that the right ear should not be operated upon and that instead, Plaintiff’s left ear should be operated upon. Plaintiff was unconscious, was not informed, and did not consent to her left ear being operated upon. The operation on Plaintiff’s left ear was in every way successfully and skillfully performed. However, Plaintiff claimed that Defendant’s operation on her left ear greatly impaired her hearing. Plaintiff brought suit against Defendant for assault and battery to recover damages for the hearing impairment in her left ear. The lower court trial resulted in a verdict for Plaintiff for $14,322.50. The trial judge set aside the verdict as excessive and ordered a new trial. Both parties 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.