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Torts Keyed to Epstein
Marshall v. Nugent
Citation:222 F.2d 604 (1st Cir. 1955)
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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:
A truck owned by the defendant oil company cut a corner going around a sharp and icy curve on the highway, forcing the plaintiff’s son-in-law Harriman off the road. The driver of the truck offered to help pull Harriman’s car back onto the road and suggested that the plaintiff go around the curve to warn oncoming traffic of the danger. As the plaintiff was getting into position on the road, defendant Nugent, driving northbound, saw the oil truck on one side of the road and Harriman and the truck driver on the other, and he attempted to avoid collision on either side. He tried to pull over, but he lost control of the car on the ice and hit the rail on the highway, glanced off, and hit the plaintiff, severely injuring him.
- 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.