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Torts Keyed to Duncan
Hellums v. Raber
Citation:853 N.E.2d 143 (Ind. App. 2006)
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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:
Alan Raber (defendant) was hunting deer with his cousin and a friend in the same area as a different hunting party, including Charles Hellums (plaintiff). The defendant and his group had seen the plaintiff’s truck parked on the property, and the plaintiff and his group waved their orange hats at the defendant in an attempt to be seen. Nevertheless, the defendant’s cousin shot at a deer and one of the bullets hit the plaintiff. Though the defendant also shot towards the deer, everyone agrees that his bullet did not hit the plaintiff. The plaintiff sued the defendant, his cousin, and his friend for negligently failing to notice the plaintiff and his party before shooting at the deer. The defendant moved for summary judgment, arguing that he had not caused the injury because it was not a bullet from his gun that had hit 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.