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Torts Keyed to Epstein
Fuller v. Illinois Central R.R
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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:
A man, over seventy-years-old, was riding his one-horse wagon over a straight stretch of railroad track. Plaintiff had his head down and did not stop to look or listen for Defendant’s oncoming train. Defendant’s train was late and was traveling faster than usual. Plaintiff could see Defendant in plain view, on the track, about 660 feet away. Defendant could have stopped the light train within 200 feet. However, Defendant did not slow down. He blew his whistle twenty seconds before impact. Plaintiff was killed instantly. Plaintiff sued Defendant for negligence. In response to Defendant’s claim of contributory negligence, Plaintiff argued that Defendant had the last clear chance to avoid the accident. The trial court returned a verdict for Defendant. Plaintiff 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.