Torts Keyed to Henderson
State Farm Fire & Casualty Company v. S.S. & G.W.
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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:
S.S. (Defendant) contracted genital herpes after having consensual sexual intercourse with G.W. (Defendant) at his home. S.S. filed suit against G.W. alleging that he negligently transmitted the disease to her. Ultimately, S.S. agreed to settle the suit within the limits of an insurance policy G.W. held with State Farm Fire & Casualty Company (Plaintiff). Plaintiff refused to pay the claim. Thereafter, Plaintiff sued Defendants seeking a declaratory judgment that G.W.’s homeowners policy did not provide coverage for the claims asserted. The trial court granted summary judgment in favor of Plaintiff and Defendants appealed. The court of appeals reversed and the Texas Supreme Court granted certiorari to review.
- 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.