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Torts Keyed to Goldberg
In re White
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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 September 10, 1977, Walter Calvin White, Jr., Defendant, reignited an argument with William Tipton that they started a week earlier outside of Defendant’s home. After Defendant had knowledge that he would likely see Tipton, Defendant was carrying a gun. When Defendant took out his gun during the argument, Tipton jumped onto his motorcycle and drove off. Defendant fired his gun at Tipton, but missed Tipton. Instead, the bullet hit Ralph Edward Davis. Plaintiff, in his stomach.Neither Defendant nor Plaintiff previously knew each other. Plaintiff was merely outside, washing a car, approximately twenty five feet away from Tipton when Defendant fired his gun. Defendant later contended that his gun had fired by accident. In November 1978, Defendant was sentenced to five years in prison for injuring Plaintiff. In February 1980, Plaintiff obtained a $50,000 default judgment against Defendant. Thereafter, Defendant filed for bankruptcy, and Plaintiff filed an action in the bankruptcy court to declare Defendant’s debt to him nondischargeable.
- 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.