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Torts Keyed to Henderson
Herrera v. Quality Pontiac
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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:
An individual took his car to Quality Pontiac (Defendant), located in Albuquerque, New Mexico, for repairs. Defendant instructed the individual to leave his keys in the car. The Defendant lot had a fence surrounding the lot, but the gate was unlocked. Garcia entered the lot and looked into that car for something to steal. Discovering the keys in the car, Garcia stole the car. An officer observed Garcia speeding and pursued him. During the pursuit, Garcia collided with a car occupied by Ruiz and Encinias (Plaintiffs), killing one occupant and seriously injuring another. Herrera, the personal representative of Plaintiffs, sued Defendant for wrongful death and personal injury. Defendant moved to dismiss for failure to state a claim upon which relief could be granted. Herrera objected to the motion. Herrera submitted an affidavit of a sociologist averring that Albuquerque had the second-highest motor vehicle theft rate in the country at the time of the accident. The affidavit also stated that the accident rate for stolen cars is about 200 times the accident rate for cars that have not been stolen. The trial court granted the motion. Herrera 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.