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Torts Keyed to Goldberg
Taber v. Maine
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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 April 13, 1985, Robert Maine, a Navy serviceman stationed in Guam,completed a 24-hour shift and was free to do whatever he wanted to do, including traveling off base. Maine spent the majority of his time drinking with fellow service members at several locations on base. Maine appeared to be drunk when he returned to his barracks at approximately 11:00 p.m. About half an hour later, he chose to drive off the base to get something to eat. While driving, Maine crashed into a vehicle in which Scott Taber was inside of, causing Taber severe injury. Taber was also a Navy construction worker who was off that day. Taber brought suit against Maine and the United States under the Federal Tort Claims Act and, regarding the government, liability under the theory of respond eat superior. The government motioned for summary judgment, which the court granted on the ground that respond eat superior did not apply because Maine’s misconduct did not take place in the line of duty. Following a bench trial, Maine was found liable for negligence. Taber 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.