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Torts keyed to Robertson
Bush v. SECO Electric Co.
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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 at a recycling factory for aluminum cans and the defendant installed wiring for a device that conveyed cans into the hopper. The job of certain employees was to retrieve cans left behind, which was achieved by descending into a pit and retrieving the cans. To ensure safety the conveyer was supposed to be turned off before an employee descended into the pit. After the wiring was installed, the plaintiff was working in the pit and because plaintiff was unaware of the safety protocol, he did not turn off the conveyer before entering the pit, and the conveyer grabbed her clothes, which resulted in the plaintiff losing their arm. Plaintiff sued and argued the defendant negligently installed the wiring because they did not install an emergency shut off button within the pit. The defendant argued the acceptance rule barred liability. The rule states that a contractor only has a duty of care with the person they are in privity with, which here would be the recycling factory. Thus, once a contractor has performed their job, liability will be exclusively with the recycling plant. The trial court dismissed the case.
- 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.