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Torts Keyed to Epstein
Uhr v. East Greenbush Central School District
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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 was inflicted by scoliosis. The New York Education Law Article, Section 905 requires school authorities in New York to examine students between ages eight and sixteen for scoliosis at least once a year. In the 1992-1993 school year, Plaintiff was screened for scoliosis, but the test was negative. In the following year, Plaintiff was not screened. However, in 1995, as a ninth grader, an examination for scoliosis illustrated that she had the infliction. An examination by an orthopedic doctor concluded that her scoliosis had progressed to the point that surgery was required, instead of the braces that can often be utilized when the condition is diagnosed earlier. Plaintiff sued the Defendant under Section 905 and for common law negligence.
- 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.