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Torts Keyed to Duncan
Hodgeden v. Hubbard
Citation:18 Vt. 504 (1846)
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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.
- 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 came to defendant’s store with the intention of purchasing a new stove. He convinced the store to sell him a stove on credit on account of his professed assets and ability to pay. He gave the store a promissory note payable in 6 months.
After plaintiff left the store, defendant’s learned that he had been untruthful as to his ability to pay and amount of property he owned. Defendant’s sought to take the stove back from plaintiff, and tracked him down about two miles from the store. Some violence was apparently required in taking back the stove, the plaintiff drew out his knife in an attempt to guard the property, but one of the defendant’s was able to hold him off while the other took possession of the stove.
- 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.