Confirm favorite deletion?
Torts Keyed to Goldberg
Nelson v. Dolan
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Robert James Nelson, a seventeen year old, was driving a motorcycle while Kevin Coffin was on the back. At that time, Paul Dolan, Defendant, began following them in his vehicle. Nelson tried to lose Defendant, but Defendant simply sped up more and followed the motorcycle closer. There was a moment in which Defendant merely one or two feet behind the motorcycle. Once Coffin slapped the hood of Defendant’s vehicle, Defendant began to slow down. Nonetheless, the Defendant then sped up and struck the motorcycle, causing the two vehicles to become locked upon impact. The parties moved in tandem for about five seconds until the motorcycle hit a light post and fell beneath Defendant’s car. Nelson was killed instantly. His mother, Phyllis Nelson, Plaintiff, brought a wrongful-death action on behalf of Nelson’s next of kin and a separate survival action on behalf of Nelson’s estate. Before trial, the judge sustained Defendant’s motion in limine to preclude Plaintiff from offering into evidence: (1) the mental anguish suffered by Nelson in the moments before his death and (2) the mental pain and suffering sustained by Phyllis on account of Robert’s death. Defendant admitted that his negligent conduct caused Robert’s death. Thereafter, a jury awarded Plaintiff $37,968.26. Plaintiff appealed the trial court’s preclusion of evidence of pain and suffering.
- 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.