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Torts Keyed to Christie
Daly v. Bergstedt
Citation:267 Minn. 22, 126 N.W.2d 242 (1964)
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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:
Marie Daly (Plaintiff) was shopping in the Duffy Brothers’ store (Defendants) when she tripped on molding sheets recently placed by in an aisle by a contractor for the store. The fall resulted in injuries to her left leg and left breast. Fourteen months later, the Plaintiff was diagnosed with breast cancer in the same spot that had been bruised by the fall. The Plaintiff sued the Defendants, alleging that their negligence was the actual cause of her cancer. The Defendants argued that the fall was not causally connected to the cancer, and presented six doctors who provided expert testimony at trial which testified that the fall could not have caused the cancer. The Plaintiff presented one doctor who provided expert testimony at trial who testified that the fall could have caused the cancer.
- 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.