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Torts Keyed to Franklin
Doe v. Manheimer
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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 on the sidewalk in front of Defendant’s property in her capacity as a meter reader. An assailant pulled her from the sidewalk onto an area of Defendant’s property that was surrounded by large bushes and tall grass and raped her. Because of the vegetation, this area was shielded from view from the sidewalk and street. Plaintiff’s injuries were extensive and she sued Defendant, claiming that he was negligent in failing to remove the overgrown vegetation when he knew that the neighborhood was a high crime area and that criminals might use the overgrown area to hide while committing crimes against pedestrians. Defendant presented no evidence and moved for a directed verdict. The jury found for Plaintiff and awarded her $540,000. The trial court granted Defendant’s motion and set aside the verdict, stating that as a matter of law the jury could not find that the condition of Defendant’s yard was a substantial factor in causing Plaintiff’s injuries and therefore there was no proximate cause. 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.