Confirm favorite deletion?
Torts Keyed to Duncan
Gould v. American Family Mutual Insurance Co.
Citation:198 Wis.2d 450, 543 N.W.2d 282 (1996)
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. Review the Facts of this case here:
Ronald Monicken was admitted to St. Croix Health Care Center with Alzheimers, and was often disoriented, resistant to care, and occasionally combative. Sheri Gould (plaintiff) was the head nurse of the center’s dementia unit and often took care of Monicken. The plaintiff was injured by Monicken one day while attempting to redirect him out of another patients room. The plaintiff and her husband sued Monicken and his insurer, American Family Mutual Insurance Co. (defendant), for negligence. The defendant sought summary judgment on the grounds that Monicken could not be found liable under a theory of negligence when he lacked mental capacity. When their motion for summary judgment was denied, the defendant sought a jury instruction to determine whether Monicken had the mental capacity to control his conduct.
- 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.