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Torts Keyed to Underwood
Cervelli v. Graves
Citation:661 P.2d 1032 (Wyo. 1983)
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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:
One day, both the plaintiff and the defendant were driving on a highway. Because it was winter, the road itself was covered in black ice. At one point in time, the plaintiff had difficulty controlling his vehicle and started to slide. The defendant Graves, who was approaching the plaintiff from behind at a speed of 35-49 m.p.h attempted to pass the plaintiff’s swerving vehicle first on the left side, then the right. The defendant also lost control and his cement truck collided with the plaintiff’s pickup. The defendant Graves was an experienced, professional truck driver with over ten years of truck driving experience. The defendant Graves possessed a class “A” driver’s license which entitled him to drive most types of vehicles including heavy trucks.
- 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.