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Torts Keyed to Epstein
The T.J. Hooper
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
Defendant, the operator of the T.J.Hooper and the Montrose tugboats, did not have reliable radios on board. Plaintiff sued Defendant under a towing contract when two barges and the cargo of coal were lost in a storm. The gist of Plaintiff’s negligence claim stated that it was negligent of Defendant not to equip the tugboats with reliable radios. If the tugboats had radios, Defendant would have received storm warnings and Plaintiff’s two barges would have been put safely into breakwater. Four other tugs were on the same route as Defendant and avoided the storm because of reliable radios. Lower court judgment for Plaintiff. 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.