SmartBrief
0
Confirm favorite deletion?
Torts Keyed to Prosser
Deuser v. Vecera
Citation:
139 F.3d 1190Facts
On the weekend of July Fourth, a fair was held in a national park (where the Gateway Arch was located) in St. Louis, Missouri. The park was within the jurisdiction of the National Park Rangers, a federal agency, who helped supervise the event. Larry Deuser (plaintiff) was one of the attendees at the fair. Deuser grabbed women on the buttocks during the event. The rangers warned Deuser to refrain from further misconduct. The rangers supervised Deuser for the remainder of the event. Deuser later urinated in public during the fair and the rangers arrested him. The rangers attempted to turn Deuser over to the St. Louis police, but they were too overwhelmed with the additional workload created by the fair on the July Fourth weekend. The rangers and the St. Louis police agreed to release Deuser, but to do so away from the park. Deuser was released in a parking lot about ten blocks from the fair, from where he wandered alone with no money and no transportation. Deuser, whose blood alcohol level was above the legal limit, wandered onto an interstate highway. Deuser was struck and killed by a motorist. Deuser’s survivors brought a wrongful death action against the United States (defendant) under the Federal Tort Claims Act, based on the alleged negligent act of deciding not to arrest Deuser and instead releasing him in a parking lot.
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.
- 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.
17m 8s
