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Torts keyed to Best
Graff v. Beard
Citation:858 S.W.2d 918 (Tex. 1993)
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- 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:
The Graff and Hausmon families hosted a party. At the party, Houston Moos consumed alcohol to the point he became intoxicated. After becoming intoxicated, Moos left the party in his vehicle. While on the road, Moos struck a motorcycle driven by Brett Beard, who suffered injuries from the incident. Beard sued both Moos and the host families for negligence.
At the trial court level, the court dismissed Beard’s claim against the host families for failure to state a claim, as Texas courts had never previously found that party hosts may be liable for the acts of their intoxicated adult guests. Beard appealed, and the Court of Appeals reversed and remanded the case on the grounds that the families were liable for the actions of guests who became intoxicated at their party. The families appealed to the Texas Supreme Court.
- 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.