Torts Keyed to Goldberg
Osterlind v. Hill
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:
Albert Osterlind and Ryan decided to rent a canoe from Harold Hill, Defendant, a commercial lessor of boats. Osterlind and Ryan were both intoxicated. Subsequently, their canoe capsized. For about half an hour, Osterlind was to clunging to the canoe and calling out for assistance. Defendant allegedly heard Osterlind’s calls, but chose notto respond. Eventually, Osterlind let go of the canoe and drowned. Plaintiff, the administrator of his estate, brought suit against Defendant claiming that Defendant’s acted with willful, wanton, reckless, or negligent conduct, and that such conduct was the cause of Osterlind’s drowning. The trial court sustained Defendant’s demurrer to the complaint, and the administrator of Osterlind’s estate 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.