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Torts Keyed to Prosser
Katko v. Briney
Citation:183 N.W.2d 657
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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.
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- 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:
Briney owned an unoccupied boarded-up farmhouse. Due to a series of intrusions and thefts, Briney boarded up the windows and doors and posted “no trespass” signs along the property. He also installed “a shotgun trap” in the home that was capable of inflicting death or serious injury. No warning was posted indicating the presence of the trap inside the home. Katko trespassed upon Briney’s property, intending to steal old bottles and dated fruit jars. When Katko opened the door to the farmhouse, he was shot in the leg by the trap. As a result of the injury, Katko suffered a permanent deformity, including a shortening of his leg. Katko sued for damages.
- 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.