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Contracts Keyed to Blum
Hawkins v. McGee
Citation:84 N.H. 114, 146 A. 641 (1929)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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 had an operation done on a scar on his hand. The scar was from a burn that happened nine years earlier. This operation involved removing scar tissue from his hand and grafting skin from his chest onto his hand. Before the operation, the doctor said the plaintiff would be in the hospital for four or less days and then in a few days he would be able to go back to work with a good hand. The doctor also said, “I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand.” There was evidence that the defendant repeatedly solicited the opportunity to do this operation, as he wanted to experiment with skin grafting, a type of operation he had little prior experience with. The operation was not successful and consequently, plaintiff brought this claim.
- 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.