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Torts Keyed to Duncan
Bradley v. American Smelting and Refining Co.
Citation:709 P.2d 782 (Wash. 1985)
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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.
- 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:
Plaintiff’s owned property located approximately 4 miles from the site of defendant’s smelting plant. The plaintiffs acquired their property in 1978, and defendant’s plant has been in operation since the early part of the 20th century. For years it had been known that as part of the smelting process certain particulate matter was being put into the air, and ultimately landing back on the ground away from defendant’s property. It was shown at trial that certain harmful elements such as arsenic and cadmium were being emitted from the plant onto plaintiff’s property, but no evidence of actual damages was put forward.
- 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.
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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.