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Torts keyed to Robertson
Bennett v Stanley
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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 a five-year-old boy who was the neighbor of the defendant and ventured into the defendant’s yard. The defendant owned a swimming pool, which he had neglected over time, so much so that the pool featured characteristics of a pond, with various wildlife living in it, including frogs. There were no warning signs near the pool and no fence surrounding it. The two parties’ property was separated by a fence that contained an 8-foot gap and the plaintiff argued that the defendant knew that children frequently played outside with supervision. They further argued that the pool created an unreasonable risk for these children after the plaintiff ventured into the yard, fell into the while looking for frogs, and drowned. The trial court held that the only duty the defendant owed to trespassers was to refrain from wanton and willful misconduct.
- 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.