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Torts keyed to Best
Kaczkowski v. Bolubasz
Citation:421 A.2d 1027 (Pa. 1980)
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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:
Eric Kaczkowski was killed in a car accident when Bolubasz was driving. His estate sued Bolubasz, and was awarded damages, including for lost future earnings.After determining that Bolubasz was liable for the death of Mr. Kaczkowski, the jury awarded Mr. Kaczkowski’s estate $30,000 in lost future earnings. His estate appealed on the grounds that the trial court excluded evidence that would have shown the impact of inflation, thereby increasing the award amount. On appeal the court considers three options for determining lost future earnings: the traditional approach, the middle ground approach, and the evidentiary approach.
The court then proceeds to adopt the evidentiary approach.
- 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.