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Torts Keyed to Dobbs
B.R. v. West
Citation:275 P.3d 228 (Utah 2012).
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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:
David Ragsdale got medical treatment from one of the Defendants, Trina West, a nurse practitioner at a medical clinic in Utah. Defendant West prescribed Mr. Ragsdale at least six different medications including Concerta, Valium, Doxepin, Paxil, pregnenolone, and testosterone. Months later, with all of these medications in his system, Mr. Ragsdale shot and killed his wife, Kristy Ragsdale. Mr. Ragsdale then pled guilty to aggravated murder. The Plaintiffs, the young children of the Ragsdales, were thus left parentless. Through their conservator, the Plaintiffs filed suit against Defendant West, Dr. Hugo Rodier (West’s consulting physician), and the medical clinic. The Plaintiffs alleged negligence in the prescription of the medications to their father that caused his violent outburst which resulted in their mother’s death.
- 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.