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Torts keyed to Robertson
Martin v. Herzog
Citation:Court of Appeals of New York, 1920. 228 N.Y. 164, 126 N.E. 814.
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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:
The Plaintiff, Mrs. Martin, was a passenger in a buggy that her husband was driving. While in the buggy, the Plaintiff and her husband were struck by the Defendant, Herzog, who was driving his automobile, coming from the other direction. The Plaintiff and her husband were thrown to the ground and her husband was killed. At the point where the collision occurred, the highway curved. The Defendant’s automobile was rounding a curve when it suddenly came upon the buggy emerging from the dark. Negligence was charged against the Defendant for not keeping to the right of the center of the highway. Negligence was also charged against the Plaintiff’s husband, the driver of the buggy, as he was traveling without lights, in violation of a statute.
- 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.