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Torts Keyed to Underwood
Fruit v. Equitable Life Assurance Society
Citation:502 P.2d 133 (Alaska 1972)
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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:
The plaintiff was involved in a car accident with the defendant’s employee. The plaintiff’s leg was crushed between his parked automobile and the colliding vehicle owned and driven by the defendant’s employee, Clay Fruit. The leg had to be amputated as a result of the accident. At the time of the incident, Fruit was a life insurance salesman attending a sales convention operated by the defendant. Sales employees of the defendant were required to attend the convention. During the convention, multiple sales persons drank and socialized at multiple occasions, including a bar called the Waterfront. Fruit was driving back from this bar, in a failed search to find some of his companions, when he got into the accident with the plaintiff.
- 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.