Torts Keyed to Prosser
Whittaker v. Sandford
Plaintiff was a member of a religious organization of which her husband was a minister and Defendant was the head. The group was based in Tel Aviv, but Plaintiff decided she would like to leave the group and return to the United States with her children. Defendant offered to grant them passage aboard his yacht and promised that they would not be detained when Plaintiff expressed concern that he would refuse to let her leave the ship. When they arrived, Defendant refuse to let Plaintiff use a boat to reach the shore and said it was up to her husband to decide whether she should be allowed to do so. Plaintiff’s husband, in turn, said that it was up to Defendant to decide. Although Plaintiff was occasionally allowed to leave the yacht briefly, she was always supervised and was only able to reach the United States after she secured a writ of habeas corpus. She sued Defendant for false imprisonment. At trial, the court instructed the jury that while physical restraint was a necessa ry element of false imprisonment, actual physical force need not have been used.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.