Confirm favorite deletion?
Torts Keyed to Christie
Cochran v. Burger King Corporation
Citation:937 S.W.2d 358 (1996)
Chad Cochran (Plaintiff), while drunk at a friend’s house one night, walked across a closed Burger King (Defendant) parking lot multiple times to get food at a Hardee’s. During his second trip to the Hardee’s, the Plaintiff decided to check the Defendant’s dumpster for food. The dumpster was surrounded by three brick walls and a wooden gate. One of the brick walls had been damaged by a trash truck a month before, which the manager and employees knew about. The Plaintiff tried to climb this damaged wall and was severely injured when it fell on him. The Plaintiff sued the Defendant for negligence, arguing that the Defendant had breached its duty to the Plaintiff as a gratuitous licensee to keep its premise in a reasonably safe condition. At the close of evidence, the Defendant filed a motion for a directed verdict, arguing that the Plaintiff was a trespasser.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.