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Torts keyed to Best
Baker v. Shymkiv
Citation:451 N.E.2d 811 (Ohio 1983)
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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:
On March 22, 1978, at 8 PM, Mary and Homer Baker were returning home when they found their driveway blocked by defendant’s car. Defendants were throwing tools into the trunk of their vehicle, and attempting to leave the premises. When the Bakers exited their own vehicle, they found a trench spanning about 1 foot in length, 1 ½ feet wide, and nearly 10 feet long. A drain tile had been placed in the trench so that water from defendant’s property could drain through the trench spanning plaintiff’s property and onto the property of an adjacent property owner.
Mr. Baker became visibly angry and approached defendant. They began to argue, but Mary Baker interceded. She subsequently left to call the police. On her return approximately three minutes later, she saw defendants driving away and her husband facedown in a puddle of mud. Emergency services arrived approximately 15 minutes later and transported Mr. Baker to the hospital. Mr. Baker was pronounced dead at 9:20 PM that evening.
Mary Baker has described her deceased husband as easy going and friendly. She has also stated that she had never seen her husband as angry as that night. Moreover, Mrs. Baker stated that her husband placed a great deal of pride in his maintenance and upkeep of their driveway, home, and yard where defendants dug the trench.
- 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.