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Torts Keyed to Henderson
Waschak v. Moffat
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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:
Waschak (Plaintiff) owned a home in a residential area of Taylor, Pennsylvania, a city in the heart of the state’s anthracite coal mining region. Moffat (Defendant) operated a nearby coal breaker, a coal processing plant that broke coal into various useful sizes. Hydrogen sulfide gas emanating from two of Defendant’s culm banks, banks of fine-grained anthracite coal produced as a waste byproduct in the mining process, caused the white paint on Plaintiff’s home to turn to a “scorched black.” Plaintiff sued Defendant for damages, which was limited to the cost of repainting the exterior of the house with white paint. The trial court entered judgment for Plaintiff, and Defendant appealed. The superior court affirmed and Defendant appealed to the state’s supreme court.
- 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.