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Torts Keyed to Prosser
Yellow Cab Co. of D.C., Inc. v. Dreslin
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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:
A taxicab owned by the Appellant and an automobile driven by the Appellee collided. Appellee’s wife and others in his car were injured. They sued Appellant for the resulting damages. Appellee joined in the suit, claiming loss of consortium and medical expenses for Mrs. Dreslin and damages to his automobile. Appellant claimed contributory negligence against Appellee and cross-claimed against him for damages to the taxicab and contribution for sums recovered by other plaintiffs. The jury determined that the collision was caused by concurrent negligence, with judgments being entered in favor of all plaintiffs except Appellee. A declaratory judgment was also entered allowing Appellant contribution against Appellee for several judgments except for that of his wife. Yellow cab appealed this decision.
- 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.