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Torts Keyed to Franklin
Farwell v. Keaton
Citation:Supreme Court of Michigan, 1976. 396 Mich. 281, 240 N.W.2d 217.
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*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:
Friends Siegrist(Defendant) and Farwell went to drop off Siegrist’s rental car. While waiting on their ride home, the defendant and Farwell went to a bar and had a few drinks. They then became slightly intoxicated and started flirting with two women. The defendant and Farwell followed these women, and the women told their six male friends, who then jumped the defendant and Farwell. The defendant escaped, but Farwell was severely beaten. Later the defendant goes back to the scene of the incident to find Farwell under his vehicle in poor condition. The defendant then gets an ice pack to place on Farwell’s head. The defendant drives him around for two hours before dropping him at his grandparents’ home. The defendant tried to wake Farwell up when he dropped him off but failed to bring him to consciousness and just left him in their driveway. Three days later, Farwell died of an epidural hematoma. During the trial, a doctor testified that had Farwell been brought to the hospital within an hour of his injury, he would have had an over eighty percent chance of survival. Farwell’s father(plaintiff) sues the defendant, alleging that he is the proximate cause of Farwell’s death and should be liable for negligence.
- 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.