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Torts keyed to Best
Marty v. State of Idaho
Citation:786 P.2d 524 (Idaho 1989)
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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:
Plaintiffs own farmland in the Mud Lake Basin.The area is a terminal basin without a natural drainage outlet. On June 3, 1983, the board of commissioners of Jefferson County declared the area to be a flood emergency and requested assistance from the Governor. On June 6, 1983, the Governor declared the area a flood emergency as a runoff from spring rain had severely weakened the Mud Lake dikes. The emergency order required all state agencies to “take action” to stop or alleviate the emergency conditions. Heavy rainfall in the Spring of 1984 created a flow bigger than any since 1923. Subsequently, a group of volunteers, under the guidance of combined state agencies, worked to strengthen and increase the height of the dikes, which resulted in the plaintiff’s property being flooded. Plaintiffs now sue for damages and injunctive relief.
- 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.