Confirm favorite deletion?
Torts Keyed to Prosser
De May v. Roberts
Citation:46 Mich. 160, 9 N.W. 146
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. Review the Facts of this case here:
De May was invited to Roberts’ home to delivery her baby. Fatigued from overwork, De May requested that Scattergood accompany him on the trip. De May was aware of Scattergood’s ignorance of the practice of medicine. Nonetheless, De May brought Scattergood inside Roberts’ home to help attend to the delivery. At the time, Roberts believed that Scattergood was an assistant physician and “a competent and proper person to be present” during the childbirth. Scattergood held Roberts’ hand during her labor pains. Roberts discovered after the childbirth that Scattergood was actually an “unprofessional young unmarried man.” Roberts sued De May and Scattergood for assault.
- 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.