Torts Keyed to Franklin
Matthies v. Mastromonaco
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- 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.
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- 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 broke her hip when she was eighty-three years old. Defendant was her doctor. When he reviewed her medical history, Defendant decided not to operate on her hip. As a result of this decision, Plaintiff lost her ability to walk and was confined to a nursing home. Plaintiff sued for medical malpractice, claiming that Defendant was negligent in failing to consult with her or her family about the possibility of surgery and that she would not have consented to treatment by bed rest had she known the probable effect on her quality of life. The jury found for Defendant, but the appellate division reversed because the jury was not instructed on informed consent. Defendant appealed, arguing that the informed consent doctrine did not apply when the recommended treatment was noninvasive.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.