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Torts Keyed to Prosser
Daly v. General Motors Corp.
Citation:
20 Cal.3d 725, 575 P.2d 1162, 144 Cal.Rptr. 380Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Daly (plaintiff) was driving his Opel automobile one day. He was involved in an accident that resulted in him being thrown from his automobile. Daly was killed as a result of the accident. Daly’s family brought a products liability suit for his death, alleging that a defect in the automobile’s door latch led to his death. At trial, however, there was evidence that Daly did not use the shoulder harness system or did not lock the automobile’s door. There was also evidence that Daly was intoxicated at the time of the accident. The jury found for General Motors Corporation (defendant). Daly’s family appealed.
- 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.
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