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Torts Keyed to Underwood
Katko v. Briney
Citation:183 N.W.2d 657 (Iowa 1971)
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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 defendants owned a large piece of property that they did not inhabit including, an old house. For about a decade, there were a series of housebreaking events that resulted in the loss of some household items and other property damage. The defendants made multiple attempts to cease the housebreaking and trespassing. The defendants boarded up the windows and doors in the house. The defendants also posted “no trespass” signs on the surrounding land. Eventually, the defendants set up a “shotgun trap” in a bedroom. The way the trap worked is that a wire was connected to both a doorknob and the gun’s trigger. Therefore, the gun would fire once the door to the bedroom was opened. No warning of the spring gun’s presence was posted. One day the plaintiff and an accomplice broke into the house to collect any antique items that might be laying around. This was the second time that the plaintiff had broken into this house. Eventually, the plaintiff entered the bedroom and was shot.
- 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.