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Torts Keyed to Twerski
Bard v. Jahnke
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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.
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- 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:
Reinhardt Jahnke (Jahnke) owned a dairy farm where he permitted a bull named Fred to impregnate cows located on the farm. Jahnke never had issues with Jahnke’s performance, including any violence or threat of violence against persons or other farm animals. Jahnke’s son hired John Timer to do some repair work on the farm, and hired Larry Bard (Bard) as his assistant. Fred attacked Bard and Bard sued Jahnke. Expert testimony by a professor of animal science revealed that bulls are inherently dangerous animals and should be restrained by their owners. The trial court thereby granted summary judgment in Bard’s favor, and the Appellate Division reversed due to Jahnke’s lack of knowledge of Fred’s vicious nature. The New York Court of Appeals granted certiorari.
- 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:
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