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Torts Keyed to Prosser
Thing v. La Chusa
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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:
On December 8, 1980, John Thing, a minor, was struck by an automobile operated by the Defendant. The Plaintiff, John Thing’s mother was nearby, but neither saw nor heard the accident. Plaintiff’s daughter informed her of the injury to her son. Plaintiff rushed to the scene, where she found her son bloody and unconscious. Plaintiff sued the Defendant, alleging she suffered great emotional disturbance, shock and injury to her nervous system as a result of the emotional stress she suffered. Plaintiff also alleged that these injuries were proximately caused by the Defendant’s negligence. The court granted Defendant’s motion for summary judgment ruling as a matter of law that Plaintiff could not establish a claim for negligent infliction of emotional distress because she did not contemporaneously and sensorily perceive the accident. The Court of Appeals overruled the trial court’s grant of summary judgment.
- 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.