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Torts Keyed to Dobbs
Gortarez v. Smitty’s Super Valu, Inc.
Citation:680 P.2d 807 (Ariz. 1984)
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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.
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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:
Gortarez (Plaintiff) and his cousin were shopping at Smitty’s Super Valu, Inc. (Defendant). While his cousin was paying, Plaintiff picked up an air freshener and asked the clerk if he could pay for it in the front of the store. Plaintiff did not purchase the air freshener, so the clerk told the security guard, Gibson, and two other employees that Plaintiff had stolen it. While Gibson searched Plaintiff’s cousin, Plaintiff yelled to leave him alone. Gibson put Plaintiff in a choke hold. Gibson continued to hold Plaintiff even after Plaintiff told him he had left the air freshener in the store, where it was eventually found.
- 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.