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Torts Keyed to Prosser
Texas Skaggs, Inc. v. Graves
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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:
Plaintiff worked for Defendant, a grocery, until she was fired. Thereafter, she continued to buy groceries at the store. After she and her husband separated, Plaintiff was unaware he had cleaned out her checking account, and she wrote two checks, totaling $34.70, to the store, which were returned insufficient. As soon as she realized the mistake, she made a deal to pay the checks, “as soon as she could get the money,” and she did this in a reasonable time. After the checks were paid, the store manager filed an incident report and had Plaintiff arrested under the state’s hot check law. Plaintiff then filed suit, based on misuse of legal process. At trial, the jury found that Defendant did not have probable cause in prosecuting Plaintiff, and awarded her damages. Defendant appealed.
- 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.