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Torts Keyed to Franklin
Martin v. Herzog
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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:
On August 21, 1915, Plaintiff was a passenger in a buggy driven by her husband. Mr. Martin did not have the buggy’s lights on, in violation of a statute. Meanwhile, Defendant’s car was coming around a curve and so did not see the Martins’ buggy in his lights. Defendant was allegedly crossing the center line of the road and collided with the Martins’ buggy, killing Mr. Martin. Plaintiff sued for damages. Defendant requested an instruction that Mr. Martin’s failure to use lights as required by law was prima facie evidence of contributory negligence. The court denied this request and instead instructed the jury that the failure to use lights could be used as evidence of negligence but was not conclusive evidence of negligence. The court also granted Plaintiff’s request and instructed the jury that driving without lights is not negligence in itself. The jury found for Plaintiff and Defendant appealed. The appellate court reversed and 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.