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Contracts Keyed to Epstein
Broemmer v. Abortion Services of Phoenix, Ltd.
Citation:173 Ariz. 148, 840 P.2d 1013 (1992)
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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:
In December 1986, plaintiff, an Iowa resident, was 21 years old, unmarried and 16 or 17 weeks pregnant. She was a high school graduate earning less than $100 a week and had no medical benefits. Plaintiff’s mother contacted Abortion Services of Phoenix and made an appointment for her daughter to receive information on alternatives to abortion. Plaintiff was asked to complete three forms, one of which is the agreement to arbitrate, which included language that “any dispute arising between the parties as a result of the fees and services would be settled by binding arbitration.” After plaintiff returned the forms and received an abortion, she suffered a punctured uterus. Plaintiff filed a malpractice complaint about 1 1/2 years after the medical procedure. By the time litigation commenced, plaintiff could not recall signing the agreement to arbitrate.
- 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.