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Torts Keyed to Duncan
De May v. Roberts
Citation:9 N.W. 146 (Mich. 1881)
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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.
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- 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:
The defendant, Dr. De May, was called to the plaintiff’s home as she began going into labor. The defendant brought along with him an aide named Scattergood who was untrained in medicine, and asked to help carry supplies and assist the doctor in navigating the dark, treacherous path to the plaintiff’s home. Upon his arrival at the home the defendant did not explain what Scattergood was doing there, although he claims to have intimated that Scattergood was not a physician and that it should have been clear to the plaintiff and her husband. In any event, Scattergood remained in the house for the duration of the visit, and at some point provided assistance by touching the plaintiff.
Upon later learning of Scattergood’s true reason for being present, the plaintiff brought these charges to recover for the shame and humiliation associated with having an unknown man present during her childbirth.
- 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.