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Torts Keyed to Epstein
Poggi v. Scott
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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 stored his wine barrels in a basement under lock and key. He rented the basement from a judge. Plaintiff visited the storeroom about twice per month. Eventually the building was sold to Defendant. The judge testified that he had sold the building to Defendant and had informed Defendant of Plaintiff’s lease with the Laundry Company. The judge did not tell Plaintiff that the premises had been sold. When Plaintiff inspected the basement after the sale, he found that all his wine had been sold. Two men told Defendant that they wanted to buy some broken barrels stored in the basement. Defendant allegedly inspected the barrels and sold the empty barrels for fifteen dollars on the condition that the men clear out the basement. The two men were arrested for theft and Plaintiff sued Defendant for conversion. The trial court granted a nonsuit 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.