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Torts Keyed to Underwood
Boyles v. Kerr
Citation:855 S.W.2d 593 (Tex. 1993)
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- 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.
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- 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:
The defendant Boyles, when he was seventeen, covertly videotaped himself engaging in sexual intercourse with the defendant. Boyles took possession of the tape shortly after it was made, and subsequently showed it on three occasions, each time at a private residence. Gossip about the incident soon spread among the defendants’ and plaintiff’s friends. After the plaintiff confronted the defendant Boyles, the latter admitted to what he had done and surrendered the tape to the plaintiff. No copies had been made. The plaintiff alleged that she suffered humiliation and severe emotional distress form the videotape and the gossip surrounding it.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.