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Torts Keyed to Duncan
Batra v. Clark
Citation:110 S.W.3d 126 (Tex. Ct. App. 2003)
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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:
Martha Torres leased a home from the owner, Dinesh Batra (defendant), who did not live on the property. The lease agreement prohibited pets without the written consent from the defendant. Torres’s son, who was not a resident of the home, would sometimes leave his dog with Torres. Clarissa Ewell, a nine-year-old, was visiting Torres’s daughter when she was attacked by the dog. Tammy Clark (plaintiff), next friend of Ewell, sued Torres and the defendant for negligence. The defendant moved for a directed verdict on the grounds that he did not owe a duty to exercise reasonable care to prevent the attack because he had no control over the property.
- 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.