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Torts Keyed to Epstein
Virden v. Betts and Beer Construction Company
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- 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:
Virden was a maintenance worker in a high school. The school had recently installed a new wrestling room, constructed by Betts and Beer Construction and Stroh Corporation (the “construction companies”). An angle iron had fallen from the ceiling of the new room, and he was bolting it back into place when he fell from the 10-foot ladder he was using. He had not got in touch with the construction companies before commencing the work, nor had the school. He did not try to get help in placing or securing the ladder though the spot was cluttered with gym equipment. He brought suit against the construction companies, on the ground that their negligence in construction was an immediate preceding factor in his fall. The trial court granted summary judgment to the construction companies. The intermediate court of appeals reversed the verdict. The state supreme court granted review.
- 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.