Torts Keyed to Twerski
Baker v. Fenneman & Brown Properties, L.L.C.
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- 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:
Aaron Baker (Baker) fell in Taco Bell, became unconscious, and began having convulsions. Baker claimed that no Taco Bell employee offered him any assistance, while Taco Bell argued that Baker insisted for them not to call an ambulance. Baker fell a second time after attempting to get up following the restoration of his consciousness. Although the fall was no fault of Taco Bell’s, Baker sued Fenneman Brown Properties, L.L.C. (Taco Bell) under the presumption that Taco Bell had a duty to offer care to Baker until Baker could be cared for by others. Summary judgment was granted in favor of Taco Bell by the trial court under the presumption that Taco Bell did not have a duty to assist Baker if the company was not the cause of Baker’s injuries. Baker appealed.
- 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.