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Torts keyed to Robertson
Marek v. Southern Enterprises, Inc.
Citation:Commission of Appeals of Texas, 1936. 128 Tex. 377, 99 S.W.2d 594.
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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.
- 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 Defendant owned and conducted a theater in Dallas called the Palace Theater. Plaintiff was a patron of the theater around midnight on December 31, 1931 for a performance for New Year’s Eve. Some time after midnight, some unidentified persons begun to throw throw firecrackers and torpedoes over and around the auditorium. One of those firecrackers or torpedoes exploded near the Plaintiff’s head causing her to suffer the loss of hearing in one of her ears.
- 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.