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Torts Keyed to Underwood
Bouton v. Allstate Ins. Co.
Citation:491 So. 2d 56 (La. Ct. App. 1986)
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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 Halloween, a group of trick-or-treaters rang the plaintiff’s front doorbell and waited on the sidewalk. One of the trick-or-treaters was dressed in military fatigues and was holding a plastic model of a sub-machine gun. When the plaintiff opened the door he was frightened at the sight of the plastic gun. The plaintiff closed the door, collected a magnum pistol, and reopened the door. When the plaintiff opened the door for a second time, he saw a flash of light, which the plaintiff argued was caused by one of the trick-or-treater’s photographic flash. The plaintiff then discharged the pistol, killing the trick-or-treater dressed in military fatigues.
- 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.