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Torts Keyed to Epstein
Osborne v. Montgomery
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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:
Plaintiff, a boy of thirteen years of age, was employed as an errand boy. He was returning to his place of employment on a bicycle. He followed a car driven by Defendant. Defendant stopped his car for the purpose of leaving some clothes at the cleaners. As Defendant’s car stopped and his door opened Plaintiff attempted to pass when the right handle bar of his bicycle collided with Defendant’s car door. As a result, Plaintiff was injured. The jury found Defendant negligent, because he did not look before opening his car door, but not negligent in stopping his car where he did. The instruction of the trial judge on the definition of negligence read as follows: 1. By ordinary care, it is meant that degree of care, which the great mass of mankind, or the type of that mass, the ordinary prudent man, exercises under like or similar circumstances. 2: Negligence is the want of ordinary care. Defendant 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.