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Torts Keyed to Prosser
Maloney v. Rath
Citation:69 Cal.2d 442, 445 P.2d 513, 71 Cal.Rptr. 897
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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:
Maloney (plaintiff) was driving when her vehicle was suddenly struck by Rath’s vehicle (defendant). Rath’s brakes were defective, and her car failed to brake before colliding with Maloney. Three months before the collision, Rath had her brakes overhauled by a mechanic. However, the brake repair was performed negligently. Maloney sued Rath for damages to recover for injuries resulting from the accident. The trial court found that Rath had no reason to know her brakes were defective. The court attributed the cause of the accident to the mechanic’s negligent repair of Rath’s car. The court rendered a judgment in favor of Rath. The trial judge denied Maloney’s motion for judgment notwithstanding the verdict on the issue of liability. Maloney appealed.
- 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.
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