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Torts Keyed to Prosser
Ortega v. Kmart Corp.
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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:
While shopping at Defendant Kmart, Plaintiff Ortega slipped on a puddle of milk near a refrigerator. As a result, Plaintiff suffered ligament tears in his knee, and Plaintiff sued Defendant for his injuries. Plaintiff testified that he could not remember whether the milk was fresh or odorous, warm or cold, or for how long it was on the floor, however he did argue that Defendant had not inspected the floor in a reasonable amount of time prior to the accident. A former store manager of Defendant testified that the milk would have been mopped up within 15-30 minutes pursuant to store procedure related to aisle inspection, but it was possible the milk was on the floor for up to 2 hours. The jury awarded damages to Plaintiff.
- 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.