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Torts Keyed to Prosser
Zeni v. Anderson
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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:
The Plaintiff was hit by the Defendant’s car while walking to work one winter morning. The Plaintiff, instead of using the sidewalk, was walking along a well-used pedestrian snow path with her back to oncoming traffic. The Defendant, having defrosted her windows and scraped them that morning, was traveling within the speed limit down the busy street when she hit the Plaintiff with her car. There was testimony at trial that the Defendant’s windows were clouded over and that the snow path that the Plaintiff used was safer than the sidewalk on cold icy days. By using the snow path instead of the sidewalk, Plaintiff was in violation of a state statute, which required the use of sidewalks where provided and where they are not, pedestrians must walk on the side of the road facing oncoming traffic.
- 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.