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Torts Keyed to Henderson
Dillon v. Legg
Citation:68 Cal. 2d 728, 441 P.2d 912, 69 Cal. Rptr. 72 (1968)
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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:
Defendant negligently drove his car, hit and killed Dillon, a child who was crossing the street. Dillon’s mother and sister both witnessed the accident. Dillion’s mom sued defendant for Dillion’s wrongful death. She also sued for negligent infliction of emotional distress that was allegedly caused by witnessing the accident. The sister was very close to the curb that she might be endangered by defendant’s negligence too, so trial court held that the sister could claim that her emotional distress arose from the potential personal injury. However, trial court held that the mom was not at a place that defendant’s car would threaten her safety. Because she was outside the zone-of-danger, the trial court dismissed the mother’s claim for emotional distress.
- 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.