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Torts Keyed to Epstein
Titus v. Bradford, B. & K. R. Co
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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:
Defendant was in the business of transferring railroad cars from standard broad-gauge trucks to narrow-gauge trucks. The standard car bodies were hoisted onto narrow trucks. The car bodies had rounded bottoms and would not sit flat on the narrow trucks. To prevent the car bodies from wobbling and tobbling when Defendant’s narrow train was in motion, Defendant’s employees routinely secured them with blocks of wood, which were bolted or tied in place. Plaintiff had worked for defendant for the last two years and was familiar with the transfer and Defendant’s operation. While riding on top of a standard car secured on a narrow truck, said narrow truck began to wobble and tobble. Plaintiff was killed when he jumped off of the standard car and was struck by the car immediately behind him. Plaintiff claims that Defendant is negligent in using narrow-gauge roads for standard car bodies. The jury awarded Plaintiff $5,325. 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.