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Torts Keyed to Underwood
American Family Mut. Ins. Co. v. Grim
Citation:440 P.2d 621 (Kan. 1968)
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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 defendant and his friends, all aged thirteen to fourteen, gathered at the home of one of the boys for a sleep over. Later at night, the boys decided to go downtown to search for some cokes. The boys eventually came upon the Derby Methodist Church and got the idea to break into the church in order to obtain cokes form the church’s kitchen. The boys entered the building through the unlocked main entrance. However, the door to the kitchen was locked. Therefore, the boys tried to find another way of entering the kitchen. Two of the boys entered the attic and found some paper material which, without the defendant’s knowledge, they rolled up, and lighted with a match to create torches. The boys eventually gave up and the two youths that create the torches extinguished them, or so they thought. Later on, after the boys had left, it was discovered that one or both of the torches had not been extinguished and the church caught afire.
- 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.