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Torts Keyed to Epstein
Hinkle v. Rockville Motor Co., 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:
The Plaintiff bought a car from the Defendant. The Defendant told the Plaintiff that the car was new. In fact, there were 2000 miles on the speedometer and the car had been in an accident. * The Plaintiff noticed the mileage on the speedometer as he was driving the car home. He returned to the Defendant’s place of business. The Defendant agreed to refund the Plaintiff the amount of his first payment in exchange for him signing a release from further claims except for breach of warranty. * The Plaintiff found out, a few months later, that the car had been in an accident. He sued the Defendant and had an expert witness testify as to the amount of money the repairs would cost. * The Defendant moved for and received a directed verdict from the trial court on the basis that the Plaintiff has not given any evidence as to the value of the car, as represented by the Defendant.
- 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.