Confirm favorite deletion?
Torts Keyed to Epstein
Vosburg v. Putney
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 an action against Defendant to recover damages for assault and battery. Both Plaintiff (14-years old) and Defendant (11-years old) are students. Plaintiff and Defendant were sitting opposite each other across an aisle in school. Defendant reached across the aisle and slightly kicked Plaintiff in the shin. At first Plaintiff did not feel it. However, a few minutes later, Plaintiff felt a violent pain and cried out loudly. A few days before this incident, Plaintiff had hurt the same spot on his leg. Plaintiff’s) leg was in the process of healing. The theory of at least one of the medical witnesses was that Defendant’s kick revivified the microbes, causing bone destruction. Medical testimony agreed that Defendant’s slight kick was the exciting cause of the injury to P. P lost the use of his limb. The jury rendered a verdict for Plaintiff in the amount of $2,800. The case was again tried in the circuit court, and the trial resulted in a verdict for Plaintiff in t he amount of $2,500. Defendant appealed from the judgment.
- 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.