SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Funk
Evening Star Newspaper v. Kemp
Citation:
533 F.2d 1224 (1976)Facts
Nathan Kemp was employed by the Evening Star Newspaper Company as a truck driver delivering newspapers. He also owned a taxicab which he operated part-time. On August 10, 1971, Kemp completed his morning delivery run and returned to the Star building around 3:30 p.m. He was not scheduled for his next run until 4:25 p.m. but remained “on the clock” during this interval. During this time, Kemp learned from a coworker, Ward, that his taxicab had been damaged. Another coworker, Andrews, who did body work, suggested he could repair the dent with a rubber mallet. The three men went to Kemp’s taxicab, where Ward removed Kemp’s handgun from the trunk and began handling it. They then drove to the Star’s maintenance garage to borrow a mallet. At the garage, while Andrews was preparing to repair the car, Ward again handled the gun. At approximately 4:05 p.m., the gun accidentally discharged while in Ward’s hands, fatally wounding Kemp. Evidence showed that Kemp occasionally carried the gun for protection both while driving his taxicab and while making newspaper deliveries, particularly when required to carry company money or deliver to rural areas.
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.