SmartBrief
Confirm favorite deletion?
Remedies Keyed to Kovacic-Fleischer, 8th
Belcher v. Goins
Citation:
184 W. Va. 395, 400 S.E.2d 830 (1990)Facts
Phyllis Belcher, mother of plaintiff Stephanie L. Belcher, sustained serious injuries when the car she was driving was negligently struck head-on by a vehicle driven by defendant Sherry L. Goins. At the time of the collision, Stephanie was over eighteen years of age and resided in her mother’s home but was not in or near her mother’s car during the accident. Stephanie was neither a minor nor a handicapped dependent child. Phyllis Belcher’s personal injury claim against the defendant was subsequently settled and dismissed with prejudice. In her amended complaint, Stephanie sought recovery from the defendant for loss of love, companionship, and consortium of her mother, for mental anguish she suffered, and for nursing and household services she provided to her mother after the injury. The defendant moved to dismiss for failure to state a claim, which the trial court denied, leading to certification of five questions to the Supreme Court.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.