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Torts Keyed to Goldberg
Vetter v. Morgan
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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:
While Laura Vetterwas driving alone at around 1:30 a.m., she stopped her van at an intersection. Vetter’s van doors were locked and the windows wereclosed. Suddenly, Dana Gaither arrived in her vehicle with two passengers, Chad Morgan and Jerrod Faulkner, and pulled alongside Vetter. Gaither began to rev the engine and rocked the car back and forth, as Morgan began to make obscene gestures and yell vulgarities at Vetter. Further, Morgan threatened to take Vetter from her vehicle, and he spat on her vehicle’s door. Vetter became extremely scared. The moment the traffic light changed, both vehicles moved forward. Per Vetter’s recollection of the event, Gaither abruptly swerved into her lane, which caused herto swerve in response and hit the curb. Due to the impact abrupt actions, Vetter’s head hit the steering wheel and she landed on the floor of the vehicle. Later, both, Gaither and Morgan, denied swerving into Vetter’s lane. Morgan alleged his conduct was not done to intentionally scare Vetter. Instead, Morgan claims he was just amusing his friends and did not take into account Vetter’s feelings. Vetter brought suit against Gaither and Morgan for assault and negligence. Vetter entered into a settlement agreement with Gaither, and the trial court granted Morgan’s motion for summary judgment. Vetter 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.