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Torts Keyed to Duncan
Kramer Services, Inc. v. Wilkins
Citation:
184 Miss. 483 So. 625 (1939)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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.
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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:
Wilkins (plaintiff) was visiting a guest in a hotel owned and operated by Kramer Service, Inc. (Kramer) (defendant) when a broken piece of glass from above the door fell and cut his head. Two years later, the wound from the glass had not healed and upon seeing a specialist the plaintiff learned skin cancer had developed around the wound. The plaintiff sued the defendant for negligence seeking damages for the injury and resulting cancer. At trial, two medical experts testified, one stating it was possible but unlikely that the wound had caused the cancer and the other stating there was no causal connection between the cut and 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.
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- 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.
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