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Torts keyed to Best
Koepnick v. Sears Roebuck & Co.
Citation:762 P.2d 609 (Ariz. Ct. App. 1988)
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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:
At approximately 6:15 PM on December 6, 1982, plaintiff was stopped in the Fiesta Mall parking lot by a Sears security guard on suspicion of shoplifting a wrench. Based on this suspicion, the security guard called the cops. Plaintiff was detained for approximately 15 minutes before the police arrived. When the police arrived, plaintiff and one of the officers got into an altercation. Plaintiff was handcuffed, and police began investigating the shoplifting allegations. Plaintiff claimed that when he purchased the wrench, the sales clerk placed the wrench in a separate paper bag, stapled it shut, and put it into a larger bag with plaintiff’s other purchases. The investigation uncovered plaintiff’s receipts for the wrench and other Sears merchandise, and the clerk who sold plaintiff the wrench was located and confirmed plaintiff’s story. The wrench was not within the plaintiff’s possessions in the security room where he was being detained. Police then searched plaintiff’s truck, which was parked in the parking lot, to see if they could find the wrench, or if there was a second wrench. No stolen items were found. Upon completion of the investigation, plaintiff was cited for disorderly conduct and released from detention. The entire incident lasted approximately 45 minutes.
- 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.