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Torts Keyed to Christie
Branham v. Ford Motor Co.
Citation:390 S.C. 203, 701 S.E.2d 5 (2010)
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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:
Cheryl Hale (Defendant) was driving with several children in the car, including Jesse Branham (Plaintiff). The Defendant was momentarily distracted, the car veered towards the right side of the road, and the Defendant overcorrected by pulling the car to the left. The car began to shake and overturned, causing the Plaintiff to be thrown from the car. The Plaintiff sued the Defendant and the manufacturer of the car, Ford Motor Company (Defendant). The Plaintiff filed a products products liability claim against Defendant Ford specifically for defective design of the seatbelt and handling and stability design, under theories of negligence and strict liability. Ford filed a motion to dismiss the claim regarding the handling and stability design and a directed verdict on the claim regarding the seatbelt.
- 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.