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Torts Keyed to Henderson
Meistrich v. Casino Area Attractions, Inc.
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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 ice-skating on a rink operated by Casino Area Attractions, Inc. (Defendant), Meistrich (Plaintiff) injured himself after he fell. There was evidence that on the day of the incident Defendant had prepared the ice in a manner that made it too hard and too slippery. However, Plaintiff was aware that his skates slipped on turns and yet he remained on the ice and skated until he fell. Plaintiff sued Defendant for negligence. After a jury trial, the court instructed the jury that if Plaintiff knew, or reasonably should have known of the risk or falling and becoming injured, then he assumed the risk and could not recover damages. The jury found for Defendant and Plaintiff appealed. The appellate division reversed finding the trial court erred in giving its instruction regarding assumption of the risk. The New Jersey Supreme Court granted Defendant’s petition for certification.
- 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.