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Torts Keyed to Prosser
McCoy v. American Suzuki Motor 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:
The Plaintiff was struck by a car while offering assistance at the scene of a car accident. The Plaintiff was following behind the driver of a Suzuki motor vehicle when it crashed. A state trooper arrived at the scene soon after and asked the Plaintiff to put flares on the road, which the Plaintiff did. After the accident scene and the injured parties were removed, the Plaintiff headed back to his car along the shoulder of the road carrying a lit flare in his roadside hand. He was then struck from behind by a passing car. The state trooper had pulled away and left the scene when the hit and run occurred. The Plaintiff sued various Defendants including the driver and the passenger of the Suzuki, the State for the negligence of the trooper and American Suzuki Motor Company along with its parent Suzuki Motor Company (Defendants).
- 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.